Can an employee lawfully waive their right to notice?

Posted in : First Tuesday Q&A NI on 2 July 2019
Arthur Cox
Arthur Cox
Issues covered:

Article 118(3) of the ERO 1996 provides the statutory basis for waiving the right to receive notice (by either party). However, it is prudent for any such waiver to be carefully documented to safeguard the employer against any future disputes as to whether consent was freely given. It is also prudent for the waiver to state that both parties consent.

An employee may agree to waive their notice on the basis that they receive a payment in lieu of notice under Article 118(3) of the ERO 1996. However, as stated by the Employment Appeal Tribunal in Hardy v Polk [2004] IRLR 420, the employee’s agreement to waive notice does not generate an entitlement to a payment in lieu of notice nor a

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Back to Q&A's This article is correct at 02/07/2019

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 028 9023 0007 or email

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