A Short Net Compendium Of » Employment Law Notice Periods Uk Along With Similar Research
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Employment Notice period Help - UK please?
Hi there,
I've been in my current role since May 11th 2009, The contract I've signed has no notice period on it whatsoever, I never questioned this when I started. I'm paid a salary monthly.
I've given them my notice today, but I'm unsure as to what my notice period by law is? If I'm paid monthly, then shouldnt it be a months notice? The employer is claiming that because there is no notice/nothing mentioned on my contact that there is no notice period.
Can someone please clarify what's the situation.
Thanks
It is a myth that notice period is based on your pay period in the UK.
Section 86 of the Employment Rights Act 1996 sets out minimum notice periods that need to be given. They are:
- Employee to employer - "not less than one week" if the employee has been employed for one or more months; and
- Employer to employee - not less than one week per year of service up to a maximum of 12 weeks.
Normally you need to check your employment contract to see whether the contract requires you to give more than the statutory minimum. But because your employment contract is silent, all that is required is that you give the statutory minimum notice to your employer.
So the answer is - give at least one week's notice in writing. BUT that does not stop you from giving more than one week's notice, if you want to. You just have to keep it reasonable, i.e. don't make it too long a period either. If you have given a month's notice, I would see that as completely reasonable, and your employer would not be permitted to cut it short unless you agree (or it pays you in lieu of notice, or it has reason to dismiss you).
Incidentally your employer is wrong for not putting a notice period into your employment contract. Section 1 of the Employment Rights Act 1996 sets out all the things that a written employment contract must contain - one of which is the notice period that both parties need to give/receive.
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Tags: employment, law