Notice Periods – Non-Teaching Staff
1. Notice to be given by the County Council
This policy applies to all Hertfordshire County Council employees on the NJC
Local Government Workers (Green Book) terms and conditions of
employment.
1.
The notice to be given by the County Council to an employee must
either be the amount stated in the employee’s contract of employment
or the amount set out in section 86(1) of the Employment Right Act
1996, whichever is the longer.
2.
The notice required to be given by Hertfordshire County Council to
terminate the contract of employment of a person who has been
continuously employed for at least one month is as follows:
a)
Not less than one week’s notice if the period of continuous
employment is less than two years:
b)
Not less than one week’s notice for each year of continuous
employment if the period of continuous employment is two years
or more but less than 12 years: and
c)
Not less than 12 week’s notice if the period of continuous
employment is 12 years or more.
4.
The Fixed-term Employees (Prevention of Less Favorable Treatment)
Regulations 2002, regulation 3 provides that fixed-term employees
have the right not to be treated less favorably than comparable
permanent employees as regards the terms of their contract, unless
the different treatment can be justified on objective grounds.
5.
No notice is required if the employee is dismissed on the grounds of
gross misconduct.
2.
Notice to be given by employees
1. Notice to be given by employees must be the amount stated in
either:
a) Their contract of service or
b) Their contract of employment or
c) Section 86 (2) of the Employment Rights Act 1996
Whichever is longer.
d) National Conditions of Service for employees covered by NJC
for Local Government Services state that the minimum period to
be given by an employee shall be the ordinary period from one
pay period to the next.
e) Recommended Periods of Notice to be included in contracts of
employment
Grades
HB – H5
H6 – M5
(including JNC (Youth & Community Workers)
PM and above
(including Southbury T&C employees)
Notice Periods
1 months
2 months
3 months
f) Employment Rights Act 1996, states that employees must give
the County Council at least one week’s notice if they have been
continuously employed for at least one month. The period does
not increase with longer service.
2.
Employers can vary this notice period in the contract of
employment they offer. Recommended notice periods are
shown above.
3.
If an employee refuses to give the full period of notice, there is
little an employer can do unless they wish to sue for breach of
contract.
Notice Periods – Teaching Staff
The notice to be given by a School to a Teacher must either be the amount
stated in the employee’s contract of employment or the amount set out in
section 86(1) of the Employment Right Act 1996, whichever is the longer.
The notice required to be given by Hertfordshire County Council to terminate
the contract of employment of a person who has been continuously employed
for at least one month is as per Non-Teaching employees as above.
Teachers are required to give:
2 months notice for the Autumn Term (from 31 October) and for the Spring
Term (from 28 February)
3 months notice for the Summer Term (from 31 May)
Two months notice (equivalent to approximately half a school term).
Headteachers are required to give:
3 months for the Autumn Term (from 30 September) and for the Spring Term
(commencing 31 January)
4 months for the Summer Term (from 30 April)