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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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What notice period should be given in a contract?


What notice must be given when an employer terminates a contract of employment?

If an employee is dismissed he or she is entitled to be given notice in accordance with the provisions in the Employment Rights Act 1996, or in accordance with the notice provisions in his or her contract - whichever is greater. Failure to serve the correct notice period will constitute a breach of contract, known as a wrongful dismissal.

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Is the statutory minimum notice to be provided by employees the same as that to be provided by employers?

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

Where an employee has been given notice of redundancy, if he or she seeks to leave before the end of the notice period to take up a new job will this affect his or her statutory redundancy payment?

Are employees on fixed-term contracts entitled to statutory notice of their dismissal?

Can an employer set a shorter notice period for its fixed-term employees than for its permanent employees?

Are there any circumstances in which an employer can dismiss an employee without giving notice?

Can an employer require its employees to give more notice to terminate their contracts than it is required to give?

Can an employer refuse a request for annual leave during an employee’s notice period?

How is holiday pay on termination of employment calculated?

How should a payment in lieu of notice be calculated?

If an employee receives a payment in lieu of notice, will his or her annual leave entitlement accrue up to the termination date, or the end of the notice period?

Where a payment in lieu of notice is made, will the employer be obliged to compensate the employee for the loss of use of a company car?

If an employer pays an employee in lieu of notice, is the payment taxable?

Where an employee resigns, can the employer pay the employee in lieu of his or her notice period?

In cases of summary dismissal, how does an employer legally define a serious breach of contract?

Can the courts force an employer to retract a dismissal without notice if an employee has not committed a serious breach of contract?

Can an employer dismiss an employee without notice if it pays him or her for the duration of the notice period?

Does an employer have any legal rights if an employee resigns without giving adequate notice?

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