Can a contractual notice provision override the statutory minimum notice period?

Employers are free to provide contractual notice terms that are more generous than the statutory minimum. However, the statutory minimum notice would replace any shorter notice period provided for in the contract.

For example, if an employee's contract provides for a notice period of four weeks, the employee will be entitled to four weeks' notice until he or she accrues five years' service, at which point his or her statutory minimum entitlement will be five weeks' notice (increasing by one week per year up to a maximum of 12 weeks) and so will override the contractual entitlement.