There are two types of notice period for an employer to give an employee; statutory notice period and contractual notice period. In this article aspire cambridge would like to talk about these two types of notice period that employers should give employees.
Statutory notice is the minimum legal notice that an employer must give an employee. This is one week’s notice if the employee has been employed within the business for one month or more, but less than two years.
If the employee has been employed with the business for 2 or more continuous years then they must be given two weeks’ notice and an additional one week’s notice for each complete year of continuous employment, up until 12 weeks. This means that if an employee has been employed for 5 continuous years they must be given 5 weeks’ notice legally.
The contractual notice is the notice set out in the terms and conditions of employment; this can be longer, but not shorter than the statutory notice. Legally an employer can give one week’s notice but the employer can state a different length of notice in the terms of employment and the employee and employer must give this length of notice. For example, the employer could state one month’s notice in the terms of employment and this is the notice the employee and employer must give.
Dismissal without Notice (summary dismissal)
If you decide to dismiss an employee without notice, which can only be on the grounds of gross misconduct, then you must give the employee a clear indication of why their actions constituted gross misconduct and led to their instant dismissal. If an employee has committed an act of gross misconduct and you wish to terminate the contract without notice you must ensure you fully follow your disciplinary procedure.
Fixed Term Contracts
No notice for a fixed term contract will need to be given unless the contract is due to be terminated before the expiry date. If you are ending a fixed term contract before the expiry date you must give the correct amount of statutory notice to the employee. If you fail to give the employee the correct notice period this could result in a breach of contract and a claim could be made through an employment tribunal.
For further information on notice periods or for support or guidance contact our team of HR experts today on 01223 855441.