You have to pay an employee for the work that they have done, and any holiday leave that has been accrued and not taken. An employee is only required to give one week’s notice if they have been employed for more than 1 month, unless their employment contract requires a longer notice period. If your employee leaves without working their notice period, they will be in breach of contract and you can take them to court.

To ensure that you are protected from employees not giving an acceptable notice period, ensure your employment contract clearly sets out the required period. You may also want to set out the company’s ‘Gardening Leave’ and ‘Pay in Lieu of Notice’ terms.

More information about notice periods can be found on the ACAS website here:

http://www.acas.org.uk/index.aspx?articleid=4096

PayrollAbility provides an Employment Contract and Employer Handbook that allows you to set out your company notice period and details of Gardening Leave and PILON. This ensures your employees have a clear understanding of their responsibilities should they choose to leave your employment. This also gives the opportunity for you to ensure you have control over how an employee leaves your employ. Speak to us today to see how we can help you.

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