Express contract terms about notice

It is not possible to agree an express contract term that gives an employee less than this minimum statutory notice entitlement (or equivalent pay in lieu of notice).

If there is no express term in the contract about notice, tribunals can imply a term that the employer will give “reasonable” notice, which may be more than the statutory minimum amount of notice, taking account of factors such as length of service and seniority (Clarke v Fahrenheit 451 (Communications) Limited EAT 591/99).

When an employer gives notice to end the contract, the employment will finish at the end of the notice period, unless the employer has exercised a contractual right to end the contract immediately by making a payment in lieu of notice (PILON). Both parties can agree between themselves to cut short the contractual notice period and end the employment earlier, but any agreement must be clear and unambiguous (Wedgewood v Minstergate Hull Limited [2010] UKEAT0137). It is not possible for the parties to retrospectively agree on a termination date once the dismissal has taken place. Instead, the date will be worked out by looking at what actually happened (Horwood v Lincolnshire County Council [2012] UKEAT/0462/11/RN).

Reps should always bear in mind the deadline for tribunal proceedings when agreeing to bring forward the termination date. These deadlines are short and extensions of time are rarely granted. For more information see LRD’s annual publication, Law at Work (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1664).