RESIGNATIONS - 25.08.2017

Q&A - when does the notice period start?

Q. An employee has given us a week’s notice as required by their employment contract. When does the notice period start to run exactly?

A. Unless the employment contract states when the notice period will commence, or the parties reach an agreement, the law says that the notice period will “start to run the day after it is given” . So if, for example, an employee starts work on a Monday and gives one week’s notice that day, their notice period will start to run on the Tuesday, not the day it was given. It will then end the following Monday at the end of that working day, not automatically on the Friday as some employees wrongly assume. The same rule applies to longer notice periods, e.g. three months, and where you give an employee notice of dismissal.

Unless the employment contract states otherwise, or the parties reach an agreement, a notice period will always start to run the day after the notice is communicated; it doesn’t commence on the same day. This rule applies to notice given by the employee and the employer.

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