If your employer has dismissed you without giving you notice, you may have a claim for notice pay. Please contact one of our Employment Law Advisers to discuss. Please note, if you wish to pursue your claim before the Employment Tribunal, there are very strict time limits, usually three months less one day from your last day of employment. It is therefore important that you seek advice as soon as possible.
What is notice pay?
If you are dismissed or made redundant by your employer, you will usually be entitled to a period of notice. There are two types of notice. The first is statutory notice, which is a period of notice prescribed by statute and given to all employees under the Employment Rights Act 1996. The second, and potentially more generous, are notice periods set out in your Contract of Employment (or Statement of Main Terms and Conditions).
A statutory right to notice depends on the amount of time you have been employed by your employer. Periods of notice are: –
- One week for employees who have worked for their employer for over one month but less than two years; or
- Two weeks if the employee has worked for their employer for two full years; and
- One extra week for each further whole year’s employment at the date the notice period expires, up to a maximum of 12 weeks notice in total.
For example, if you have worked for your employer for five full years, you should receive statutory notice of at least five weeks.
In addition to minimum statutory notice periods, most Contracts of Employment contain an obligation for you or your employer to give a greater period of notice to terminate your employment. Many employees are entitled to a minimum of three months notice, even if they have only been working for their employer for a short period of time.
Who can claim?
If you have been dismissed by your employer and you have not been given your statutory or contractual notice, then you may be able to bring a claim before the Employment Tribunal or before the Civil Courts.
A claim for notice essentially will put you back in the position you would have been in, had you been given proper notice of the termination of your employment. For example, if you were dismissed with immediate effect and should have received five weeks notice, then you will receive five weeks pay in compensation.
However, you could also claim for any additional benefits you lost by way of your employer failing to give you notice. Common examples are where an employer dismisses an employee immediately to avoid their entitlement to bonus or other payments. If there is no provision in your contract of employment which allows them to do this, you can request compensation to put you in the position you would have been in, had your employer complied with their obligations. This would include the loss of additional benefits such as cars, pension etc.
If you wish to pursue your claim for notice through the Employment Tribunal, the time limits are extremely short. They will be three months less one day from your last day of employment.
Alternatively, if your claim is about contractual notice or is valued at over £25,000, you can bring your claim through the Civil Courts. You have six years to bring your breach of contract claim in that forum.
If you think you have a claim for notice and would like legal advice on how to move your claim forward, please do not hesitate to contact your nearest Ringrose Law Office in Boston, Sleaford, Grantham, Newark, Lincoln or Spalding and ask for a member of the Employment Law Team.