Contractual notice is 3 months. An employee gives 2 weeks' notice. What actions can the employer take?

Posted in : First Tuesday Q&A NI on 6 May 2014
Arthur Cox
Arthur Cox
Issues covered:

The requirement to give notice is generally set out as an express term in the contract of employment, as appears to be the case here. A failure to give the required notice by either party is likely to constitute a breach of contract.

There are numerous options available to an employer when the employee gives less than the required period of notice as set out below:

1. Waiver of Right to Receive Notice

There is nothing to prevent an employer from waiving their right to receive due notice of termination on any occasion. This means that an employer who is entitled by contract or by statute to receive a notice of termination of a particular length may agree to accept a shorter period of notice,

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email

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