Guide
How much notice must an employee give in Ireland?
Updated
The employee side of the Acts is the half people never read. It is short, and it does not scale with service: how much notice to give an employer comes down to one week after 13 weeks' service, or more if your contract says so.
Talk to a specialist Your service band, the notice it earns, and what that is worth in pay.
One week, flat
The Workplace Relations Commission states that employees who have been in continuous employment for at least 13 weeks are obliged to provide their employer with one week's notice of termination of employment, and that if a greater amount of notice is specified in the contract, that notice must be given (Workplace Relations Commission).
The obligation sits in section 6 of the Act, which entitles an employer to not less than one week's notice from an employee who has been in continuous employment for thirteen weeks or more (Irish Statute Book). Unlike the employer's obligation in section 4, there are no bands: twenty years of service still produces one week.
Under 13 weeks
Citizens Information states that you do not have to give notice if you worked for your employer for less than 13 weeks and there is no employment contract specifying a notice period (Citizens Information: leaving your job). If there is a contract with a notice clause, that clause applies from day one.
Leaving before the notice period ends
- Citizens Information states that you are usually required to work the notice period.
- Your employer may agree that you can leave without working to the end of it, and may offer pay instead of notice for that period. Payment in lieu is covered by section 7 of the 1973 Act.
- Once you have given notice, the only way to withdraw it is by reaching an agreement with your employer.
- Untaken annual leave must be paid for. Citizens Information states that if you leave without taking all the annual leave you are entitled to, your employer must pay you for the unused days.
- Leave in lieu of notice is not covered by legislation, so it has to be agreed with your employer.
Waiving notice, either way
The Workplace Relations Commission states that the Acts do not prevent an employer or employee from waiving their right to notice or accepting payment in lieu of notice, and that if the employer does not require the employee to work out any part of the notice, the employer is obliged to pay the employee for that period. It also states that the Acts do not affect the right of either party to terminate without notice due to the misconduct of the other.
Redundancy has its own layer. Where the employee has given notice of intention to claim redundancy for lay-off or short time, or given counter-notice, section 6 is subject to those rights.