The statutory minimum notice requirements are set out in the Employment Rights Act 1996, section 86. Where an employee has been employed for one month but less than two years, the statutory minimum to be provided by the employer is one week's notice. After two years' service this rises to one week for each year of continuous service. This means that an employee with at least two years’ service, but less than three, is entitled to two weeks’ minimum notice, an employee with at least three years’ service, but less than four, is entitled to three weeks’ minimum notice, and so on, up to a maximum of 12 weeks' notice where the employee has been employed for 12 years or more.

However, the statutory minimum notice to be given by an employee who has been continuously employed for one month or more to terminate the contract remains not less than one week regardless of the employee’s length of service.

The statutory minimum notice replaces any shorter notice period provided for in the contract, although employers may set longer notice terms.

Related entries: Employment law fact No.1 - did you know that ... an employee whose contract is terminated while on long-term sick leave and who has exhausted all entitlement to sick pay will be entitled to be paid full pay for the statutory minimum notice period, unless his or her contractual notice exceeds the statutory minimum notice by at least one week?