Latest in Employment Law>Articles>Can an employee lawfully waive their right to notice?
Can an employee lawfully waive their right to notice?
Published on: 02/07/2019
Issues Covered: Pay
Article Authors The main content of this article was provided by the following authors.
Johanna Cunningham
Johanna Cunningham

Can an employee lawfully waive their right to notice?

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.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 02/07/2019