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Notice

Produced by Tolley in association with
Employment Tax
Guidance

Notice

Produced by Tolley in association with
Employment Tax
Guidance
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Statutory notice

There is a statutory minimum notice period that must be given to bring a contract of employment to an end, except where one of the parties is entitled to terminate the employment without notice, eg where an employer may dismiss an employee without notice for gross misconduct. The length of the statutory notice period depends on how long the employee has been working for the employer. Where the contract provides for a notice period that is shorter than the statutory minimum, the statute overrides the wording of the contract so that, in effect, the contract is treated as giving the statutory entitlement. This does not prevent the contract of employment from specifying a longer notice period.

The parties can agree to waive their rights to statutory minimum notice, or agree to payment in lieu of statutory minimum notice.

A very limited number of employee groups can be excluded from the minimum notice period mechanism. These are:

  1. •

    certain merchant seamen

  2. •

    people in the armed forces

  3. •

    Crown employees

  4. •

    parliamentary staff

  5. •

    people

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Hannah Freeman
Hannah Freeman

Barrister at Old Square Chambers , OMB, Employment Tax


Hannah is an experienced employment law specialist advising on all forms of discrimination, maternity and paternity rights, unfair dismissal, contractual disputes, part-time working and TUPE. Hannah acts for claimants and respondents in both the public and private sectors, including the NHS, the police, local authorities, educational institutions, financial services and the hospitality industry, as well as providing training and support to in-house legal and HR teams.

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  • 14 Sep 2022 09:50

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