Employment Facts and Stats
Statutory Notice periods 2014
One is the minimum notice periods to be given by Employer and Employees if the contract of employment is ended for whatever reason.
Employers: Statutory minimum notice will override any contractual notice within an Employee’s Terms and Conditions of Employment if greater.
In other words, whatever the contract may state, below is the minimum notice you must give to an Employee if you are terminating their Contract of Employment.
The only override to this is if the Employment Contract is ended due to Gross Misconduct and therefore the contact is terminated without notice.
The Statutory minimum notice is set out in the Employment Rights Act 1996 s 86(1) and currently is:
|Continuous employment (in full years)||Min Statutory notice|
|Less than 2 years but at least one month||1 week|
|At least 2 but less than 3 years||2 weeks|
|At least 3 but less than 4 years||3 weeks|
|At least 4 but less than 5 years||4 weeks|
|At least 5 but less than 6 years||5 weeks|
|At least 6 but less than 7 years||6 weeks|
|At least 7 but less than 8 years||7 weeks|
|At least 8 but less than 9 years||8 weeks|
|At least 9 but less than 10 years||9 weeks|
|At least 10 but less than 11 years||10 weeks|
|At least 11 but less than 12 years||11 weeks|
|12 or more weeks||12 weeks|
Employees: The statutory minimum notice to be given by an employee to an employer is set out in the Employment Rights Act 1996 s 86(2) and is:
|Continuous employment||Min Statutory notice|
|At least one month||1 week|
As you can see, the statutory notice to be given by Employees to Employers does not increase with length of service. If you need more for the position in question, this is where an employer would need to rely on the contractual terms agreed.
Article taken from our latest Employment Facts and Stats Employers update 2014
Hello, I’m Carole Thomson and I founded HR Support for Business to give small and medium businesses access to a trusted HR Resource Centre when needed.
I hope you have found this employment data useful. With so many changes in the world of Employment Law and statutory payments to remember, I will continue to try and provide you with any updates I feel may be useful to you.
Ending any employment contract, for whatever reason, can be complex to manage, so needless to say, if I can be of any help please do not hesitate to contact me. We offer a 30 no obligation free phone consultation to discuss your business needs and how HR Support for Business can help you.
Why not have a look at our HR e-Toolkit: Performance Management within our HR e-Store.
An important part of performance management is the ending of a contract if it is not working due to a performance or conduct issue. Our Discipline and Capability procedures will give you step by step guidance and the tools you need to manage both these areas.
If you have found this article useful, why not have a look around our HR Newsroom and see if there is anything else we have posted that is useful to you.
Perhaps our latest Employers Newsletter or the full Employment Facts and Stats update that this article was extracted from. Combined these two documents will inform you of key employment law changes and the up to date statutory rates that will effect your business. And of course, they are free of charge.
Carole Thomson Chartered FCIPD, Tech IOSH
Senior HR Consultant and Trainer
HR Support for Business
Tel: 078994 25916/ 079412 62492 /01295 788 579 email@example.com