Waiver of notice


Published by a ½Û×ÓÊÓƵ Employment expert
Practice notes

Waiver of notice


Published by a ½Û×ÓÊÓƵ Employment expert

Practice notes
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Employers and employees can waive their right to be given notice when their employment relationship comes to an end.

Waiving contractual notice

An employer can waive its right to receive contractual notice at any time. Any Waiver of the right to notice should be carefully documented by the employer because:

  1. •

    there may later be a dispute about whether the waiver was freely given

  2. •

    it may affect the Effective date of termination of employment

In theory, employees can also waive their rights to Payment In Lieu Of Notice, although it will only rarely be in their interests to do so, for example where a generous voluntary Redundancy package required employees to waive their right to notice.

Where the employer has a contractual right to make a payment in lieu of notice, it may (depending on the wording of the clause) be able to give notice and later, before the notice expires, bring the contract to an immediate end and make a payment in lieu of the remainder of the notice period (see Practice

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United Kingdom
Key definition:
Waiver definition
What does Waiver mean?

In the law of contract, the term 'waiver' is most commonly used to denote the granting of a concession by one party to a contract by not insisting on the precise performance by the other party of a duty under the contract, whether before or after any breach of the term waived.

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