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What notice period must a UK employer give when dismissing an employee?
Under section 86 of the Employment Rights Act 1996, the statutory minimum notice an employer must give is one week once the employee has been continuously employed for one month; one week for each complete year of continuous employment from two years; and twelve weeks once continuous employment reaches twelve years. Twelve weeks is the statutory ceiling.
The statutory ladder
- One month to two years. One week's notice, once the employee has been continuously employed for one month.
- Two to twelve years. One week's notice for each complete year of continuous employment.
- Twelve years or more. Twelve weeks' notice. This is the statutory ceiling and does not rise further however long the employee stays.
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Related questions
- Does the notice period increase with length of service?
- Yes. Section 86 sets a ladder rather than a single figure: one week's notice for an employee continuously employed for one month or more but less than two years, then not less than one week's notice for each year of continuous employment between two and twelve years.
- Is twelve weeks the maximum statutory notice?
- Yes. Section 86 requires not less than twelve weeks' notice once continuous employment reaches twelve years, and the statutory figure does not rise beyond that point however long the employee stays.
- Does an employee with less than one month's service get statutory notice?
- The statutory ladder in section 86 begins at one month of continuous employment. Below that threshold the section does not set a minimum, so what applies is whatever the employment contract itself provides.
What this answer does not cover
- This covers the statutory minimum only. An employment contract can set out its own notice arrangements, and this page does not interpret them.
- Dismissal without notice for gross misconduct, payment in lieu of notice, and unfair dismissal are separate questions with separate rules, not addressed here.