Termination of Employment

What is the notice entitlement?

There is a legal minimum amount of notice required to terminate a contract of employment.

If employees have a contract of employment that specifies a greater amount of notice than this legal minimum then the greater amount applies.

Do these entitlements always apply?

These entitlements apply unless the behaviour of either employee or employer is so unacceptable as to justify an immediate termination of employment without notice. This could happen, for example, in the instance of gross misconduct by the employee or where the conduct of the employer makes it impossible for the employee to continue at work.

Employees and employers can agree that notice need not be worked. To avoid possible disagreement it is important that both parties understand whether or not payment in lieu of notice will be made by the employer. This may not be the case if the employee is not willing to work through the notice period but the employer should make the position clear before the employee leaves.

Other exceptions in Jersey relate to fixed term contracts when the statutory termination of employment provisions do not apply. The employment contract can state periods of notice which are greater than the statutory periods, in which case the notice set out in the contract applies.