What notice period needs to be given to an employee before dismissal?
This depends on the fundamental issue of whether the employee is being dismissed for gross misconduct, in which case, summary dismissal (immediate dismissal) may be legally valid with no notice period or payment. If dismissal is not on the basis of gross misconduct, the starting point is to consider the contract of employment and comply with this. If the contract gives the employee rights in excess of statutory minimum notice, the contract should be complied with. In any event, at law an employee will be entitled to a minimum of :- 1. An employee is entitled to a minimum of 1 weeks’ notice of dismissal if they have worked continuously for 1 month, but less than 2 years. 2. After 2 years’ employment, a further 1 weeks’ notice is required for each whole year of continuous employment up to a maximum of 12 weeks.
Related Questions
- Why did I get notice that my offer is no longer the highest after offer acceptence period has ended and why was I not given a chance to increase my offer before item sold?
- What happens if there is no term in the employment contract that describes the amount of notice to be given to the employee in the event of a dismissal without cause?
- What is the period of written notice that has to be given by the employer and the employee?
