ABSTRACT

If the employer wishes to terminate an employee’s employment, the minimum period of notice (as stated in the contract of employment) must be given or, if there is nothing in the contract, the amount of notice required by s 86 of the Employment Rights Act 1996. Section 86 states that where an employee has been continuously employed for between one month and two years, he or she shall be given one week’s notice. If the employer is not so willing, then the employment tribunal must make an order for the continuation of the employee’s contract of employment until the full hearing, thus preserving continuity, pay and other employment rights. Procedure for handling redundancies is governed by s 188 of the TULR(C)A 1992 (as amended by the Trade Union Reform and Employment Rights Act 1993) and the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1995 (SI 1995/2587).