1. Introduction
Section 4 of the Minimum Notice and Terms of Employment Act 1973 requires thirteen weeks’ continuous service before statutory notice is payable. This is the lowest service threshold of any major employment statute and gives substantial protection at the early stage of employment.
This article considers the calculation of the thirteen-week period, its interaction with the Unfair Dismissals Acts (which generally require twelve months), and the practical implications for short-service terminations.
2. Legislation and Case Law
Section 4(2) of the Minimum Notice and Terms of Employment Act 1973 provides that the right to statutory notice arises after thirteen weeks’ continuous service.
The First Schedule to the Act provides the rules for calculating continuous service, including the treatment of lay-off, sickness, transfers and re-engagement following redundancy.
Section 6 of the Unfair Dismissals Acts 1977 to 2015 generally requires twelve months’ service before unfair dismissal protection arises. Between thirteen weeks and twelve months, statutory notice is payable but unfair dismissal protection generally is not.
The Probationary Period provisions of S.I. 686 of 2022 limit probationary periods to six months, generally extending only in defined circumstances. After thirteen weeks of probation, statutory notice applies even if the probation period is still running.
3. Decision
The WRC will calculate the length of continuous service by reference to the start date and the date of termination, applying the First Schedule rules to deal with any breaks.
Where the employer relies on a contractual probationary notice provision shorter than the statutory minimum, the WRC will apply the statutory minimum after the thirteen-week threshold has been crossed.
Compensation under Section 11 reflects the value of the unpaid notice. Awards for short-service employees are typically modest in absolute terms but constitute a meaningful proportion of weekly pay.
4. Takeaway
Employers terminating during the early months of employment should diary the thirteen-week threshold. Once crossed, statutory notice becomes payable irrespective of contractual provisions to the contrary.
Employees with less than twelve months’ service who are dismissed should consider both the statutory notice entitlement under the 1973 Act and potential Section 20 industrial relations referrals, even where unfair dismissal protection has not yet arisen.
5. Further information
This article was prepared for informational purposes only. For further advice, please email enquiries@crushell.ie or contact the offices of Crushell & Co Solicitors.
6. About Crushell & Co
Crushell & Co is a specialist law firm focused on protecting and advancing the rights of employees in Ireland. We offer a nationwide service, advising individuals on a wide range of legal and regulatory issues arising at work, including employment law, employment immigration and workplace accidents and injuries.
We help employees understand their position and options by translating complex legal issues into clear, practical advice. Our approach is tailored to each client, ensuring that our strategy is aligned with their personal and professional circumstances.
Connect: @CrushellLaw or www.wordpress-576593-6594403.cloudwaysapps.com
