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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45291
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I would like to know if when dismissing an employee

Customer Question

Hello,
I would like to know if when dismissing an employee and when willing to offer Payment in Lieu, do you have to pay for the statutory minimum notice period or the notice period mentioned in the contract (we've followed the entire warning procedure stated in our contract and everything has been done fairly).
All in all my question is wether we should give the statutory minimum notice period or the notice stated in the contract?
Many thanks in advance for your help.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is the difference between the two contracts?
Customer: replied 1 year ago.

Hi Ben,

There is only one contract. I just read online that there is a statutory minimum notice period :

There are two types of notice period: statutory and contractual. Statutory notice is the minimum legal notice that can be given. Employers should give the employee:

one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks. For example if an employee has worked for 5 years then they are entitled to 5 weeks' notice.


In our contract the notice period is 2 months. My question is wether I can apply the statutory minimum notice period or if I still need to apply the notice stated in the contract?

Many thanks.

Expert:  Ben Jones replied 1 year ago.
In the circumstances you would have to pay the employee their contractual notice period. The statutory notice period is the minimum that should be given but a contract may provide a longer notice period and if that is the case then the contractual period would take precedence. So the statutory notice period is there just to give some minimum rights to employees but if a contract provides better terms then these would have to be applied. If you do not give the employee their contractual notice period then you would be acting in breach of contract and they could make a claim for the unpaid part of the contractual notice period they are due.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45291
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

That's what I thought but wanted a confirmation.

Thanks a lot Ben.

Have a good day,

Guillaume

Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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