Dismissal Notice

 

If an employee has been dismissed from their job, normally they will have the right to a period of notice before they are dismissed. The length of an employee's dismissal notice period will vary according to how long they have been in continuous employment.

There is a statutory minimum notice period that employers must follow. For employees who have worked continuously from between one month to two years, their dismissal notice period is one week. Employees who have worked from between two and twelve years are entitled to a dismissal notice period of one week for each year worked. And, finally, employees who have worked for their employers for over twelve years are entitled to a twelve-week notice period before they are to be dismissed.

Often, an employee's contract of employment may stipulate a longer dismissal notice period than the statutory minimum period. In such cases, the employee is entitled to the longer period of notice stipulated in their contract. It is unlawful for a contract of employment to stipulate a shorter period of notice then the statutory minimum.

If an employer dismisses an employee without serving the proper notice period, the employee may have a claim for wrongful dismissal. A claim for wrongful dismissal usually arises where an employee has been dismissed without notice or the notice given is too short. A claim for wrongful dismissal can be brought in the Employment Tribunal or the civil courts.

If you would like to obtain legal advice on a dismissal notice that you have received, or on how to draft dismissal notices, Caven can put you in touch with a local specialist Employment Solicitor free of charge. So, if you have any questions or would like our help in finding local Employment Solicitors please call us on 08001 221 2299 or complete the web-form above.

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