Notice factsheet

Notice is required in most circumstances before an individual’s employment can be terminated lawfully. An example of where notice is not necessary is where a contract is for a fixed term and simply expires on a certain date or event.

The two types of notice

There are two types of notice periods. These are statutory and contractual.

Statutory notice

S.86 of the Employment Rights Act 1996 (ERA 1996) imposes a statutory duty on the employer and the employee to give notice of termination, which is known as the statutory minimum notice period.  Where the contractual period of notice exceeds the statutory minimum, the contractual period will prevail.