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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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How much notice does the Managing Director of a Company have

Resolved Question:

How much notice does the Managing Director of a Company have to give?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What is the notice for? Is the person an employee and do they have a contract of employment which stipulates a notice period for termination?
Customer: replied 2 years ago.
No notice period is stipulated. He is moving away. He has been in this employment since 1980.
Expert:  Ben Jones replied 2 years ago.
The minimum notice to be given by an employee with at least one month's continuous employment is one week. In the absence of any longer notice period stipulated in a written agreement, such as a contract, the common law will imply a reasonable notice period, which cannot be shorter than the statutory minimum. So someone in a high executive position could be bound to give a longer period than the week they would have to by law. This is only an issue if either their the employer do not believe a week is sufficient and there is an argument that a longer period is necessary and reasonable. In considering what a reasonable notice period is a court would generally look at:
1 custom and practice as to the length of notice typically given to employees within the industry the employer operates in;
2 the duration of notice given by the employee in the past to employees in similar positions; and
3 the employee’s length of service and seniority.
Sadly there is no specific place to reference this and only a court can determine the reasonable notice period should it be disputed. Therefore it is advisable for the employee and employer to agree a mutually acceptable notice period if at all possible.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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