WO toolkit 2012 complete.pdf - GMB

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