The Acts lay down minimum periods of notice to be given by employers and workers when terminating a contract of employment. In this articles we address the most frequently asked questions.

Those sections of the Acts that related to information about terms of employment - Sections 9 and 10 - have been repealed and replaced by the Terms Of Employment (Information) Acts, 1994-2001.

How is the length of service calculated?

Length Of Service	Minimum Notice required
Thirteen weeks to two years	One week
Two years to five years	Two weeks
Five years to ten years	Four weeks
Ten years to fifteen years	Six weeks
More than fifteen years	Eight weeks

What is continuous service?

Service is regarded as continuous unless the employee is dismissed or voluntarily leaves the job. Continuity is not usually affected by strikes or dismissal followed by immediate re-employment. The transfer and sale of a trade or business from one person to another does not break continuity.

An employee, who claims and receives redundancy payment in respect of lay-off or short-time, is considered to have left their employment voluntarily.

How is the period of service calculated?

Every week an employee works is used to calculate an employee’s length of service. Absences of up to twenty-six weeks between consecutive periods of employment count as periods of service if due to lay-offs, sickness or injury, or when taken by agreement with the employer. Absence due to service with the Reserve Defence Forces is deemed to be periods of service.

What rights to notice has an employer?

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. If a greater amount of notice is specified in the employee’s contract of employment, then this notice must be given.

Could right to notice be waived or pay in lieu of notice be accepted?

The Acts allow an employer or employee to waive their right to notice or to accept payment in lieu of notice. If the employer does not require the employee to work out any part of their notice, the employer is obliged to pay the employee for that period.

What about fixed-term contracts?

A fixed-term contract arguably has a notice date built in. However the Employment Appeals Tribunal (EAT) has generally taken the view that even fixed-term contracts should be terminated by the employer and/or employee giving the appropriate statutory notice.

What if a minimum notice of entitlement is denied?

Disputes about the right to notice, length of notice, calculation of continuous service or period of service, or dismissal due to misconduct may be referred to the Employment Appeals Tribunal (EAT). Their decision may be appealed by either party to the High Court on a point of law.

The Department of Enterprise, Trade & Employment has published an explanatory booklet for employers and employees. Click here to view and download the booklet.

Visit the Employment Resource Bureau for information on human resource management for your community organisation.
The content in this article is not a legal interpretation of any matter and should not be interpreted as such.