Notice to Dismiss – Reminder!

legal updates

The law states an employer or employee who terminates employment is required to provide the following notice...

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

We have noticed that some members are incorrectly applying notice periods for staff who are leaving their employment.

Before the impending Employment Rights Bill comes into effect, predicted to be Autumn 2026, it is intended there may be mass lay-offs of poor-performing employees.

In the dismissal of employees, poor-performing or otherwise, employers must adhere to the correct notice period and notice pay as set out in the S86 Employment Rights Act 1996. Failure to do so may result in the exiting employee making a claim at an employment tribunal for which they would have a good chance of success if an employer has failed or neglected to act lawfully.

The law states an employer or employee who terminates employment is required to provide the following notice:

  • Not less than one week for employment of less than two years
  • One week for each complete year of employment of two years but less than 12 years
  • No more than 12 weeks for 12 years or more of employment

However, should an exiting employee fail to work their notice period as required, they will not be entitled to receive notice pay. If an employee is found to have committed gross misconduct following a disciplinary investigation, they will not be required to work their notice period and receive notice pay where they have been dismissed with immediate effect.

For further clarification, please feel free to contact us at Lawgistics.

WeRecruit Auto LtdPermanent Automotive Recruitment from an experienced and trustworthy recruitment partner.

We cover roles within all departments and sectors of the Automotive industry, and are here to listen to your specific needs and find the most suitable candidates to fit your business.

Jide-Ofor OkagbueLegal AdvisorRead More by this author

Related Legal Updates

Holiday Entitlement Updates for Zero-Hours and Casual Contracts

This serves as a reminder of these important changes and outlines the actions required to ensure compliance.

Employment Bill of Rights 2024

The Employment Rights Bill proposes that paternity and parental leave will now fall into a “day one right” of employment.

Day 1 Employment Rights

Employees are already protected from day one in respect of wrongful dismissal and discrimination, but a dismissal based on poor conduct, for example, can be effected by giving relevant notice. 

Overview of Contemplated Employment Law Changes

We will continue to keep our members informed as more details emerge and as the timeline for these changes becomes clearer.

Changes to Sexual Harassment Law

In addition to safeguarding employees from harassment by colleagues, the duty extends to third-party harassment, such as harassment by customers.

New government… new laws

The recent announcement means an employee may be able to claim an unfair dismissal from day one. 

When Travel Time Counts As Work

A prudent employer will ensure that the working arrangements, employment policies, or employment contracts clearly define when travel time constitutes paid work time.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.