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Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
If you decide to change your job, you must by law tell your employer that you plan to leave. This is called giving notice.
You must give your employer a certain length of notice (for example, 2 weeks or a month). The length of notice you must give is set down in law and is usually stated in your contract of employment.
How much notice should I give?
Generally, your contract of employment states how much notice you must give. Your employer must give you a written copy of these rules, even if the rest of the contract has not been written down in full. You should check what your contract says about giving notice and follow those rules. If you want to make a different arrangement, discuss this with your employer.
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If my contract does not specify the notice period what should I do?
Statutory minimum notice is the shortest period of notice you are allowed to give under Irish law. If your contract of employment does not specify how much notice to give, you must give the legal minimum amount of notice, which is one week.
The legal (or ‘statutory’) minimum notice is set out in Section 6 of the Minimum Notice and Terms of Employment Act 1973.
You do not have to give notice if you have been working for your employer for less than 13 weeks, and you have no contract of employment specifying a notice period
If I leave my employment what happens if I have outstanding annual leave?
If you stop work without taking all the annual leave you are entitled to, your employer must pay you for the days you have not taken. Some employers may offer leave instead (or ‘in lieu’) of notice. However, this sort of arrangement is not covered by legislation, so you would have to agree this with your employer.
Can I change my mind?
Once you have given notice, the only way to withdraw it is by agreement with your employer.
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How much notice should I get from my employer?
You may be entitled to notice if you are being let go from your job. This means that you are given notice that your job will end, and a date when this will come into effect.
The length of notice you are entitled to, will depend on your contract of employment. There is also a minimum entitlement set out in the Minimum Notice and Terms of Employment Acts 1973–2005.
To be entitled to the legal (or ‘statutory’) minimum, you must have been working for your employer continuously for at least 13 weeks. The amount of notice you are entitled to by law depends on how long you have been working for your employer.
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For example, if you have worked for your employer for 5 years and 3 months you get 4 weeks’ notice.
While the notice entitlements under your contract of employment can be more than the minimum periods above, your contract cannot have a notice period less than the above. This means that whatever your contract says, your employer must give you at least the statutory minimum period of notice. You cannot get less, even if your contract says this.
Can my employer end my employment without giving notice?
Your employer does not have to give you notice if any of the following apply:
• You have been working for them for less than 13 weeks
• You are guilty of gross misconduct
• You agree to waive your right to notice
Waiving your right to notice means that you and your employer agree that you can leave your job without working to the end of your notice period. The employer may offer you payment instead of notice for that period.
Does my employer have to give me a reference?
There is no statutory entitlement to a reference from your current or previous employer. Few contracts of employment include the right to have a reference when you leave.
However, employers usually provide references when asked to do so. If they do this for some employees, they should do it for all employees, without discrimination.
What can I do if my employer gave me an unfair or inaccurate reference?
Your current employer has a duty of care to you and your new employer. If they give you a reference, it must be true, fair, accurate and not misleading.
If your employer gives a reference which you think is unfair or inaccurate, you may be able to sue them for negligence. You would have to show that the reference caused you loss – for example, if it caused your new employer to withdraw your job offer.
If you think the reference is defamatory (you believe your reputation has been injured as a result of the reference), you may sue the employer under the Defamation Act 2009.
If your current employer gives a misleading reference which later causes a problem in your new workplace, then your new employer may sue them for negligence. For example, if your referee praises you for skills you don’t have and as a result you are taken on for a job you cannot do.
Can I read my reference?
Under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, you are entitled to have access to information held about you including your personnel records. Personnel records include written and (if recorded) oral references.
In many cases, you can view personal data in which someone has stated an opinion about you, such as a reference.
However, you may not have access to the reference if the opinion was given in confidence, or on the clear and explicit understanding that it would be treated as confidential.
For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
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