Article 118(3) of the ERO 1996 provides the statutory basis for waiving the right to receive notice (by either party). However, it is prudent for any such waiver to be carefully documented to safeguard the employer against any future disputes as to whether consent was freely given. It is also prudent for the waiver to state that both parties consent.

An employee may agree to waive their notice on the basis that they receive a payment in lieu of notice under Article 118(3) of the ERO 1996. However, as stated by the Employment Appeal Tribunal in Hardy v Polk [2004] IRLR 420, the employee’s agreement to waive notice does not generate an entitlement to a payment in lieu of notice nor a claim on debt for failure to receive statutory notice.