An Introduction to UK Employment Law
Law Europe EEIG
Lorna Davis, Macdonalds Solicitors Christine Gannon, DMH
St Stephen’s House
40 High Street, Crawley
279 Bath Street
West Sussex
Glasgow G2 4JL
RH10 16W
e-mail: lorna.davis@macdonalds-uk.com
e-mail: Christine.gannon@dmh.co.uk
Tel: 0141 303 7145
Tel:01293 605000
Minimum Period of Notice to be given by the Employer upon Termination of the
Employment Contract:
The period of notice to be given by an employer to terminate an employment contract
is determined by reference to any express contractual term subject to the statutory
minimum notice period prescribed by the Employment Rights Act 1996. The statutory
minimum notice periods are as follows:
Duration of Continuous Employment
Period of Notice (Weeks)
Up to one month
0
One month up to 2 years
1
2 years up to 12 years
1 week for each year of
continuous employment
12 years and above
12 weeks (maximum)
In addition, if the contract is silent as to any contractual notice period and an
employee is of the opinion that the statutory minimum is insufficient, he or she may
argue that it is an implied term of the contract that “reasonable notice” will be given.
This will generally apply to more senior employees. A court may then imply a
lengthier notice period than the statutory minimum having regard to the seniority of
the employee.
Dispensing with the Notice Period:
There are certain instances in which an employer may dispense with the requirement
to give notice. This primarily applies where the employee commits a fundamental
breach of contract which justifies summary dismissal (e.g. gross misconduct).
Remedies:
The remedies available to an employee based on a dismissal are either to bring a
claim for unfair dismissal (subject to a one year qualifying period), wrongful dismissal
or a breach of contract claim.
In respect of unfair dismissal a Tribunal may make either a re-instatement or re-
engagement order or a compensatory award.
In respect of a wrongful dismissal claim, the courts may make