Guide
How much notice do I need to give my employer in Ireland?
Updated
The employee side of the Acts is short and does not scale. How much notice to give employer: one week after 13 weeks' service, or more if your contract says.
Talk to a specialist Your service band, the notice it earns, and what that is worth in pay.
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How this calculator works
- The service bands are taken from section 4(2) of the Minimum Notice and Terms of Employment Act 1973 (Irish Statute Book). The Workplace Relations Commission and Citizens Information both publish the same table.
- Less than two years, one week; two years or more but less than five, two weeks; five or more but less than ten, four weeks. Ten or more but less than fifteen, six weeks; fifteen years or more, eight weeks.
- Section 4(1) applies the obligation only to an employee in continuous service for thirteen weeks or more. That is why the calculator returns zero below 0.25 of a year (Workplace Relations Commission).
- An employee's own obligation does not scale with service. The Workplace Relations Commission says employees in continuous employment for at least 13 weeks must give their employer one week's notice. A greater amount specified in the contract must be given instead.
- A contract can improve on the statute but not reduce it. Under section 4(5), a contract term giving less than the statutory period takes effect as if it gave notice in accordance with the section. So the calculator always takes the greater of the two.
- Continuous service is assumed. Citizens Information says service is continuous unless you are dismissed or resign. It is not normally affected by strikes, lay-offs, dismissal followed by immediate re-employment, or a transfer of undertakings.
- Notice pay uses normal pay. Citizens Information states that during the period of notice you should receive your normal pay, and that this also applies where you are paid in lieu of notice.
- This calculates statutory minimum notice only. It is not redundancy pay, not pay in lieu of untaken annual leave, and not compensation for unfair dismissal. It also does not apply where an employer dismisses for gross misconduct, or where either party terminates without notice due to the other's misconduct.
Notice period in Ireland for an employee: one week, flat
The Workplace Relations Commission says employees in continuous employment for at least 13 weeks must give their employer one week's notice of termination. If the contract specifies more, that notice must be given (Workplace Relations Commission).
The obligation sits in section 6 of the Act. An employer is entitled to at least one week's notice from an employee with thirteen weeks' continuous employment or more (Irish Statute Book). Unlike the employer's section 4 obligation, there are no bands. Twenty years of service still produces one week.
Under 13 weeks
Citizens Information says you need give no notice if you worked there under 13 weeks and no employment contract specifies a notice period (Citizens Information: leaving your job). If a contract has 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 says the Acts do not prevent either side waiving their right to notice or accepting payment in lieu of notice. If the employer does not require the employee to work out any part of the notice, it must pay the employee for that period.
The Acts also do not affect either party's right to terminate without notice due to the other's misconduct.
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.