Frequently Asked Questions - Jan 14
In this section we aim to answer a number of important questions relating to key HR, Employment Law and Health and Safety Topics.
This month’s focus: Notice Periods
The Minimum Notice and Terms of Employment Act sets out a variety of requirements which must be adhered to when giving and receiving notice as an Employer. It places obligations on both the Employer and the Employee in relation to notice. If the contract of employment requires a different period, the greater of the two must be given.
The following legislation should be considered when looking at Notice:
The Minimum Notice and Term of Employment Acts 1973 to 2005 outlines 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/her length of service:
Length of Service Entitlement
13 weeks to two years 1 week
Two years to five years 2 weeks
Five years to ten years 4 weeks
Ten years to fifteen years 6 weeks
Fifteen years or more 8 weeks
Notice must be given directly to the Employee concerned.
Under the Minimum Notice Act an Employer is only entitled to one's weeks notice from an Employee.
The contract of employment may provide for a period of notice longer than that applying under the Minimum Notice Acts. If that is the case, the greater contractual period of notice prevails over the lesser statutory one in respect of both parties. In summary, it is the longer period of notice due to the Employee - be it contractual or statutory, is binding.
Is an Employee entitled to notice where he or she has been summarily dismissed?
An Employee who is summarily dismissed due to gross misconduct is not entitled to notice or payment in lieu of notice as the Employee.
Which act applies to notice?
The Minimum Notice and Terms of Employment Acts 1973 - 2005 applies to notice. This Act requires that a minimum period of notice be given by Employers and Employees prior to the termination of a contract of employment.
The Acts however do not however, prevent an Employer or Employee from waving his/her right to notice or accepting payment in lieu of notice.
This month’s focus: Notice Periods
The Minimum Notice and Terms of Employment Act sets out a variety of requirements which must be adhered to when giving and receiving notice as an Employer. It places obligations on both the Employer and the Employee in relation to notice. If the contract of employment requires a different period, the greater of the two must be given.
The following legislation should be considered when looking at Notice:
- Minimum Notice and Terms of Employment Acts, 1973 to 2005 - lay down minimum periods of notice to be given by Employers and by Employees when terminating a contract of Employment.
The Minimum Notice and Term of Employment Acts 1973 to 2005 outlines 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/her length of service:
Length of Service Entitlement
13 weeks to two years 1 week
Two years to five years 2 weeks
Five years to ten years 4 weeks
Ten years to fifteen years 6 weeks
Fifteen years or more 8 weeks
Notice must be given directly to the Employee concerned.
Under the Minimum Notice Act an Employer is only entitled to one's weeks notice from an Employee.
The contract of employment may provide for a period of notice longer than that applying under the Minimum Notice Acts. If that is the case, the greater contractual period of notice prevails over the lesser statutory one in respect of both parties. In summary, it is the longer period of notice due to the Employee - be it contractual or statutory, is binding.
Is an Employee entitled to notice where he or she has been summarily dismissed?
An Employee who is summarily dismissed due to gross misconduct is not entitled to notice or payment in lieu of notice as the Employee.
Which act applies to notice?
The Minimum Notice and Terms of Employment Acts 1973 - 2005 applies to notice. This Act requires that a minimum period of notice be given by Employers and Employees prior to the termination of a contract of employment.
The Acts however do not however, prevent an Employer or Employee from waving his/her right to notice or accepting payment in lieu of notice.
