Statutory minimum notice period

The minimum period of notice required to terminate a contract of employment ( under section 86 of ERA 1996 ( Employees ( with continuous employment ( of at least one month but less than two years are entitled to at least one week's notice from the employer ( Employees with two years' continuous employment or more are entitled to one week's notice for each complete year, up to a maximum of 12 weeks' notice. The minimum notice to be given by an employee with at least one month's continuous employment is one week. The parties may agree longer notice periods. In the absence of express agreement, the common law will imply a reasonable notice period, which cannot be shorter than the statutory minimum.

For more information, see Practice note, Notice of termination of employment: Statutory notice.

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