When employers give notice

The minimum notice an employer must give an employee depends on how long they have been employed and is as follows:

• one week, if their length of service is between one month and two years; or

• one week for each year if they have between two and 12 years’ service; or

• a maximum of 12 weeks if they have at least 12 years’ service.

The right to notice or notice pay is lost if the employee fundamentally breaches the employment contract by engaging in gross misconduct. Ending the contract in these circumstances is known as a summary dismissal.

During the notice period, employees are entitled to their normal wages and any other benefits provided for in the contract, such as pension contributions.

It is a breach of contract not to give the full contractual notice. The employee can claim their notice pay in an employment tribunal or the civil court. No service is needed for this type of claim, which is also known as a claim for “wrongful dismissal” (see page 321).

Where an employee is dismissed (other than for gross misconduct) without being given their full statutory notice, the notice that should have been given will be added to their period of continuous employment for the purposes of an unfair dismissal claim. This rule applies to statutory and not contractual notice.

Employers must always use clear and unambiguous language when giving notice to end an employment contract (Societe Generale v Geys [2012] UKSC 63).