Notice Pay

Statutory Minimum Notice

The statutory minimum notice to be given by an employer to an employee is set out in the Employment Rights Act 1996, section 86(1) and is as follows:

Period of continuous employment (years) Statutory Minimum Notice (weeks)
Less than two (but at least one month)  1
At least two but less than three  2
At least three but less than four  3
At least four but less than five  4
At least five but less than six  5
At least six but less than seven  6
At least seven but less than eight  7
At least eight but less than nine  8
At least nine but less than ten  9
At least ten but less than eleven  10
At least eleven but less than twelve  11
Twelve or more  12
 

The statutory minimum notice to be given by an employee to an employer is set out in the Employment Rights Act 1996, section 86(2) and is as follows:

Period of continuous employment Statutory minimum notice (weeks)
 At least one month  1
* Note that unlike the notice to be given by an employer to an employee, it does not rise with length of service.

Notice period: please note that you can also detail notice periods on the individual contract of employment. The notice period to be used in any situation (statutory or contractual) will be whatever is the greater.

For example: if the contract states that the Company will give one month's notice, but an employee has been with the Company for 9 years, statutory notice will override the contract of employment and 9 weeks' notice will be due.

If the contract says one month, and the employee has only been employed for 2 years, the contractual notice period will override the statutory (2 weeks) and one month's notice will be due.

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