Notice Periods

Notice Periods

Minimum periods are set by statute but an employer may give and require longer periods than the statutory periods of notice.

Always check your written particulars/statement of terms for your notice periods

Notice to be Given to an Employee

Statutory entitlement is based upon the length of continuous service with the employer:

–  Under 1 month’s service – no statutory notice requirement
–  Between 1 month and up to 2 year’s service  = notice of 1 week
–  2 year’s continuous service = notice of 2 weeks
–  3 year’s continuous service = notice of 3 weeks
–  4 year’s continuous service = notice of 4 weeks

After 2 years service, the notice period increases by 1 week for each complete year of continuous service until the maximum notice entitlement is reached of 12 weeks for 12 or more years continuous service.

Tip – remember the minimum notice period in your terms of employment may be out of date simply because it state the notice period to be given when the individual started and thus not reflect the fact that the individual completed more years of service.

Exceptions to the Above Periods

In some circumstances, the conduct of the employee may be so serious in terms of his act or omission that it warrants being treated as gross misconduct or negligence. In such as case, there may be a contractual term that allows the employer to dimiss without notice and without pay.

Notice to be Given to an Employer

The statutory requirement is:

–  Under one month’s continuous service = no period of notice required.
–  One month or more of continuous service = notice of 1 week.

The individual’s contract/written particulars of employment may set out longer notice periods which the employee is required to give to an employer