Dismissal – Dismissal & Sacking Notice Period
The minimum notice period to give an employee who you are making redundant depends on the number of years they have worked for your company.
- You must give at least one week’s notice to those employees with between one month and two years of service.
- You must give at least one week’s notice for each year to those employees with between one year and 12 years of service.
- You must give at least 12 week’s notice to those employees with over 12 year’s work of service.
Fixed contracts
- If a fixed-term contract is to be ended on the date it is due to end, there is not need for any notice period.
- If a fixed-term contract is to be ended before the date it is due to end, the employee is entitled to the standard period of notice due.
Longer notice period
- An employee is entitled to a longer notice period if it is stated in their employment contract.
Payment in lieu of notice
- An employee can be paid in lieu of notice if it is stated in their employment contract.
- This means you can end their employment contract with no notice, but you must pay them all of the pay they would have received during the notice period.
Garden leave
- Garden leave is where an employee is given the correct notice period, but spends their notice period at home, not at work, and doesn’t carry out any work during the notice period.
Gross misconduct
- A summary dismissal – where an employee is dismissed without notice or pay – can sometimes be justified if the employee’ s behaviour amount s to gross misconduct.
With gross misconduct cases, it often makes sense to suspend the employee rather than dismissing them, that way, if the allegations are false, there is much less risk of (and basis for) the employee claiming against you.
Written statement of dismissal
- Employees with more than a year’s continuous service have the right to receive a written statement of the reasons for their dismissal if requested.
Research & advice
With all matters of such sensitivity, we suggest you carry out further research before making decisions; in difficult cases, contact an employment consultant or solicitor.
More information
- Dismissal - Dismissal, Sacking and Redundancy
- Dismissal – The Correct Dismissal Procedure
- Dismissal - Sacking
- Dismissal – Dismissal & Sacking Notice Period
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