An employee with at least 13 weeks of continuous employment generally gives at least 1 week’s notice, unless the contract requires longer. An employer generally gives between one and eight weeks depending on continuous service.
Statutory notice from an employer
| Continuous service | Minimum notice |
|---|---|
| 13 weeks to less than 2 years | 1 week |
| 2 years to less than 5 years | 2 weeks |
| 5 years to less than 10 years | 4 weeks |
| 10 years to less than 15 years | 6 weeks |
| 15 years or more | 8 weeks |
These are minimum periods. A longer contractual period continues to matter. A term that attempts to give less than the statutory employer minimum does not remove the statutory protection.
Notice when an employee resigns
After at least 13 weeks of continuous employment, an employee generally must give at least 1 week’s notice. If the contract requires more, the contractual period should normally be given.
Before 13 weeks, check the contract. The statutory one-week employee rule may not yet apply, but a written term can still set an obligation.
Continuous service and the contract
Continuous service is not necessarily broken by every absence. Lay-off, sickness, injury, agreed absence and a transfer of undertaking can affect continuity in specific ways. If service is close to a notice threshold, confirm the recognised start date and any breaks rather than relying only on the latest contract document.
Worked notice, garden leave and pay in lieu
Notice may be worked in the usual way. The parties may waive notice, or payment in lieu may be used. If an employer does not require an employee to work part of the statutory notice, WRC guidance says the employee must be paid for that period.
Garden leave is a contractual arrangement under which employment continues but duties may be restricted. It should not be assumed to have the same termination date as immediate payment in lieu.
Worked example
The statutory employer minimum is four weeks because service falls in the five-to-less-than-ten-year band. If the contract promises six weeks, six weeks is the relevant starting point because it is more favourable.
Calculating the end date
The final date depends on when notice is treated as received, whether the period is expressed in days, weeks or months, and the contract wording. Notice usually runs in calendar time; weekends and public holidays do not automatically extend it.
Use a date calculator as a planning estimate, then confirm the termination date in writing. The last day physically worked can be earlier because of annual leave, garden leave or roster arrangements.
Information to keep
- The signed contract and any later variation.
- The dated resignation or termination letter.
- Evidence of delivery or acknowledgement.
- Confirmation of the last working day and termination date.
- Any agreement on annual leave, garden leave or payment in lieu.
Estimate your notice period
Compare continuous service and contractual notice, then estimate the notice end date.
Use the Notice Period CalculatorFrequently asked questions
What is the minimum notice period in Ireland?
An employee with at least 13 weeks’ service generally gives one week. Employer notice ranges from one to eight weeks according to continuous service.
Does my contract override statutory notice?
A contract can require longer notice, but it cannot reduce an employee’s statutory minimum entitlement from the employer.
Are weekends included in a notice period?
Notice is usually calendar time unless the contract says otherwise, so weekends are normally included.
Can notice be paid instead of worked?
The parties may waive notice or accept payment in lieu. The payment and termination date should be confirmed in writing.
Is my last working day the same as my termination date?
Not always. Annual leave, garden leave, roster patterns or payment in lieu can make the last day worked different from the legal termination date.
Official sources
Rules and thresholds can change. Check the source that applies to your circumstances before making an important decision.
Important: This guide provides general information for workers in Ireland. It does not replace your contract, payroll records, official guidance or advice on a disputed or unusual case.