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What is an Employee's Notice Period?

Termination of employment, whether through dismissal, resignation or redundancy, can often generate questions surrounding notice entitlements.  Employers need to take consideration of the following areas: types of notice; entitlements during the notice period and waiving of notice entitlements and payment in lieu.  There are three types of notice which an employer must be cognisant of when effecting the termination of a person’s employment:

  • statutory notice as provided for under the Minimum Notice and Terms of Employment Acts 1973 to 2001;
  • contractual notice;
  • in a redundancy situation, notice provided under the Redundancy Payments Acts 1967 to 2007.

The Minimum Notice and Terms of Employment Acts 1973 to 2001 outline the minimum periods of notice to be given by employers and employees when terminating contracts of employment. The amount of notice due to an employee varies according to his or her length of service:

length of ServiceEntitlement
13 weeks to 2 years1 week
2 years to 5 years2 weeks
5 years to 10 years4 weeks
10 years to 15 years6 weeks
15 years8 weeks

Notice must be given directly to the employee concerned and best practice dictates that it be issued in writing. In addition, the notice itself must provide a precise termination date and it is not sufficient to outline to the employee that his or her employment will be terminated at a vague future date. 

The SFA Guideline on notice can be downloaded by clicking here.

Members who have any queries in relation to the above please contact a member of the SFA team on Tel: 01 605 1664/ 1668/ 1633.