Minimum Notice Periods in Ireland: What the Law Says for Employers

The Minimum Notice and Terms of Employment Act 1973 sets the least notice an employer must give an employee whose employment is ending, based on how long the employee has worked for them. This guide explains the minimum notice employment rules in Ireland: the notice periods, what an employee owes in return, what happens during the notice period, pay in lieu, dismissal for misconduct, and how disputes are decided. Notice sits alongside other dismissal rules: see our guides to unfair dismissal and redundancy. It is general information, not legal advice.

Statutory minimum notice from the employer

An employee needs at least 13 weeks of continuous service before the statutory minimum applies. After that, section 4 of the Act (as shown on the Revised Acts site) sets out the following minimum notice from the employer:

Citizens Information (page last edited 11 June 2026) and the Workplace Relations Commission both present the same table. Citizens Information gives an example: an employee with five years and three months of service is entitled to four weeks’ notice. The Act says a contract term giving less notice than the statutory minimum is treated as if it gave the minimum. A contract can provide for more notice than the Act, but not less.

The Revised Acts page also notes that the Minister can vary these periods by order, so check the current table on the official pages before relying on it. The Revised Act states that it was updated to 14 October 2020, with a banner referring to later changes, so look for the current version when you act on it.

How continuous service is counted

Service counts under the First Schedule to the Act. The WRC says service is continuous unless the employee is dismissed or voluntarily leaves, and that strikes, lay-offs and lock-outs do not normally break continuity. Neither does a dismissal followed by immediate re-employment, or a transfer of undertaking. Absences of up to 26 weeks between periods of employment count if they are due to lay-off, sickness or injury, or are agreed with the employer. Time spent on strike does not count towards service. In practice, keep clear start dates and records of any breaks in service, because the notice period depends on them.

Notice from the employee

An employee with at least 13 weeks of continuous employment must give the employer at least one week’s notice, according to the WRC. If the employee’s contract requires longer notice, the contract period applies. Section 6 of the Act allows an employer to require at least one week’s notice from an employee with 13 weeks or more of continuous employment.

What happens during the notice period

Section 5 and the Second Schedule deal with rights during notice. On the Revised Acts site, pay and entitlements such as sick pay and holiday entitlements continue as under the contract. Where hours are fixed, the employee is paid for time they are ready and willing to work but are not given work. Where pay is not time-based, an average of the 13 weeks before notice is used. Contract clauses that exclude or limit these duties are void.

The WRC page also says that if the employer does not require the employee to work any part of the notice period, the employer must pay for that period. Redundancy has its own rules, covered in the redundancy guide linked above.

Waiver and pay in lieu of notice

Section 7 allows either party to waive notice or accept payment instead. Citizens Information says employer and employee can agree to waive notice and the employer can then pay in lieu. It says you still get the same wages you would have received had you worked, and that a payment that is compensation for loss of employment may qualify for tax relief, while a payment provided for in the contract is subject to normal tax and PRSI rules. It also notes that during the notice period an employee is considered unemployed and available for work and can claim a jobseeker’s payment, but not for any day they receive holiday pay. For pay in lieu, the Act provides that the termination date for redundancy payment purposes is the date notice would have ended.

Our suggestion is to agree pay in lieu in writing and to state in the letter what it covers, such as basic pay and accrued untaken annual leave, so there is no later argument about the amount.

Dismissal for misconduct

Section 8 says the Act does not affect either party’s right to end the contract without notice because of the other party’s misconduct. Citizens Information says gross misconduct can justify dismissal without notice but that the employee can challenge whether the dismissal was justified. The unfair dismissal guide linked above covers dismissal more broadly. Our suggestion: treat misconduct dismissals carefully and keep a clear record of the reasons.

Who is excluded

Section 3 of the Act, as shown on the Revised Acts site, disapplies it for certain categories, including members of the Garda Síochána, permanent members of the Defence Forces, and close relatives of the employer who live in the employer’s household and work in a private dwelling or farm. It also refers to employees normally expected to work fewer than eighteen hours a week, a limit the Revised Acts page notes was restricted by the Protection of Employees (Part-Time Work) Act 2001. The WRC’s 2010 leaflet is older and differs on some categories (it lists established civil servants), so check section 3 directly if you employ someone in an unusual category.

Complaints and redress

The WRC says an employee or former employee can complain to the WRC about a breach, through its online complaint form. A complaint can go to mediation if both parties agree, or to an Adjudication Officer, with appeals to the Labour Court. The Revised Act says an Adjudication Officer may award compensation for breaches of the notice provisions (section 4(2)) and section 5. The WRC page does not state a time limit for making a complaint, so check the WRC’s complaint pages. The WRC leaflet printed in 2010 refers to the Employment Appeals Tribunal, which is out of date for this purpose.

A practical approach for employers

These are our suggestions, not legal requirements:

• Put the notice in the contract. State the notice each side must give, and check it never falls below the statutory table for any employee.
• Keep a service-date record. Work out the statutory notice from the start date, not from the date of a new contract.
• Put the notice date in writing. The WRC leaflet (printed June 2010) does not state a requirement for written notice, but a dated letter avoids disputes over when notice began.
• Decide early whether to work the notice. Agree whether the employee will work, take leave or be paid in lieu, and record it.

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Frequently asked questions

How much notice must an employer give in Ireland?

The statutory minimum depends on continuous service: one week for 13 weeks to under two years, rising to eight weeks for 15 years or more. A contract can give more but not less.

How much notice does an employee have to give?

At least one week once they have 13 weeks of continuous employment, or longer if the contract says so.

Can I pay in lieu of notice?

Section 7 allows either party to waive notice or accept payment instead. Citizens Information says that with pay in lieu you still get the same wages you would have received had you worked.

Is notice required for gross misconduct?

Section 8 says the Act does not affect the right to end the contract without notice because of the other party’s misconduct. Citizens Information says the employee can challenge whether the dismissal was justified.

Does the Act require notice to be in writing?

The WRC leaflet (printed June 2010) does not state a requirement for written notice. Putting it in writing is still sensible.

Checking the notice table against every contract before an employment ends will save time and reduce the risk of a complaint.