Notice periods

New and updated

• Type:

  Employment law guide

  Notice periods: pay in lieu of notice

  This guide highlights the procedure that the employer must follow if it is paying the employee in lieu of notice.

• Date:

  18 October 2022

  Type:

  Podcasts and webinars

  Podcast: Gross misconduct and fairness - what part does the employment contract play?

  If an employer dismisses for gross misconduct, what does this mean for an employee's contractual rights? Does a failure to pay notice pay, make an otherwise fair dismissal unfair? Max Winthrop, partner at Sintons LLP, joins us to answer these questions and more, drawing on his legal and practical expertise. Max also shares his thoughts on the potential for significant change to employment law under the Retained EU Law (Revocation and Reform) Bill.

• Type:

  Employment law guide

  Notice periods: statutory and contractual notice

  This resource is kept under review and updated in line with developments.

• Type:

  Employment law cases

  Social media misconduct: Dismissal without notice pay leads to wrongful dismissal

  In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.

• Type:

  Employment law cases

  Unfair dismissal: Effect of gross misconduct on statutory minimum notice

  In Lancaster & Duke Ltd v Wileman, the Employment Appeal Tribunal (EAT) held that an employee who was dismissed for gross misconduct could not extend her length of service by the statutory minimum notice period to allow her to qualify to bring a claim of unfair dismissal.

• Type:

  Employment law cases

  Employee's notice period began when she read dismissal letter

  In Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, the Supreme Court held that, where an employee was dismissed by letter, her notice period began when she read the letter, or had a reasonable opportunity to do so.

• Type:

  Contract clauses

  Notice period contract clause

  A model contract clause to set out terms relating to notice and pay in lieu of notice.

• Type:

  Employment law cases

  Case round-up

  Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.

• Type:

  Tasks

  Deal with an employee who begins to underperform during their notice period

• Type:

  Tasks

  Work out if there is a requirement to pay notice pay where an employee who has exhausted entitlement to sick pay is being dismissed due to long-term incapacity