Notice Periods

Even though Wrongful Dismissal is based upon contract law there are minimum notice periods stated in law. This is so that employees will be fairly treated by employers. These are as follows:

Time in Job Under 1 month Over 1 month 2 years' service 3 years' service 4 years' service

Minimum Notice No Notice 1 Week 2 Weeks 3 Weeks 4 Weeks

This carries on with 1 weeks' notice for every extra year in the job, until 12 years service. 12 weeks' notice is the maximum that the law goes up to.

However, a court or Employment Tribunal can allow for "reasonable notice" this will be more notice than the minimum protection. This discretion will only be used where it is unfair for the employee to only receive 12 weeks' notice. This discretion is rarely used.

However, many employment contracts allow for more than the minimum stated by the law. For example, it is not unusual for employees who have only worked for 1 year to be entitled to 3 months' notice under their employment.

This cuts both ways, if the employee decides to leave, the employer can ask and expect the employee to work this notice period. This gives the employer time to find a replacement. And if the employer wishes to dismiss the employee it gives the employee 3 months to find a new job.

This is why senior employees bring claims for Wrongful Dismissal rather than Unfair Dismissal, because they are suing under the terms of their contract. Some contracts can state that the notice period is 12 months or more.

Finally, employees can agree to shorter notice periods than those above or even no notice at all.

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