WO toolkit 2012 complete.pdf - GMB
WO toolkit 2012 complete.pdf - GMB
WO toolkit 2012 complete.pdf - GMB
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SECTION 5.34<br />
34. How much notice must be given to end my employment?<br />
Your contract of employment will usually state the period of notice which both you and your employer<br />
need to give to terminate the contract.<br />
Your employer must,within two months of the start of your employment,give you written details of<br />
relevant notice periods.<br />
If your contract is for a fixed period it will continue until the fixed period expires.<br />
If your contract is not for a fixed period and the notice period has not been expressly agreed,there is<br />
an implied term that your contract may be terminated either way on reasonable notice.Factors to be<br />
considered in deciding what is reasonable notice are seniority,remuneration,age,length of service and<br />
what is usual in your particular trade.<br />
As a very rough guide a period of one month may be appropriate for a manual worker and three months<br />
for a senior skilled worker.<br />
Your employer can pay you instead of letting you work your notice period(known as‘payment in lieu”),<br />
but only if your contract specifically allows for this.<br />
Minimum Notice<br />
Whatever your arrangements(if any)with your employer regarding notice periods,the notice actually<br />
given must not be less than the statutory minimum period of notice.<br />
The notice in your contract of employment must be given if that is a longer period.<br />
The length of the statutory minimum notice depends on the amount of continuous employment you<br />
have had with your employer:<br />
You are entitled to the following minimum notice:<br />
• If you have been continuously employed for less than two years(but more than one month)<br />
= one week.<br />
• If you have been continuously employed for two years or more<br />
= one week for every <strong>complete</strong> year worked,up to a maximum of twelve weeks.<br />
If you are resigning and have been employed for at least one month,you must give your employer one<br />
week’s notice.<br />
You cannot contract out of your right to a statutory minimum period of notice.However you may waive<br />
your right to notice or receive pay in lieu of notice.<br />
Your employer can dismiss you without notice,if you have committed an act of gross misconduct.<br />
However the dismissal must still be fair and your employer must,as a minimum,follow the statutory<br />
dismissal and disciplinary procedure(see 32.Am I Entitled to Receive Warnings Before I am Dismissed?).<br />
REMEMBER: there may be more than one person affected by this issue.<br />
Consider calling a meeting to advise,recruit and organise.