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Giving notice and notice pay

Neither statutory nor contractual notice has to be in writing, however, giving notice orally cannot always be clear or it can often not reflect the intention. It's always best to write out any form of notice and make clear it is the termination of employment.

When notice is given by either employer or employee it cannot be withdrawn unless both parties agree. So if an employee gives notice to an employer and then later changes their mind, the employer can still consider the employee as having resigned.

The notice period will start from the start of the day after the day that notice was given, for example if a week's notice is given on Monday then the start of the notice period will be Tuesday and expire the following Monday.

During the notice period employees are normally paid their normal pay and benefits that are set out in the written statement or contract of employment. In certain circumstances payment in lieu of notice can be given, but this provision must be contained in the contract of employment.

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