Notice periods in Ireland, explained
Reviewed by Mellow Editorial Team, HR & payroll content team
Notice periods in Ireland set out the minimum time an employer or employee must give before ending a contract of employment. The statutory minimums are defined by the Minimum Notice and Terms of Employment Act 1973, but contractual notice — agreed in writing — often applies instead, provided it meets or exceeds the statutory floor.
Statutory minimum notice periods
The 1973 Act sets out a sliding scale based on how long the employee has worked for you continuously. The employee must have at least 13 weeks' continuous service before statutory notice rights apply at all.
Once that threshold is passed, the minimums are:
| Continuous service | Minimum notice |
|---|---|
| 13 weeks to 2 years | 1 week |
| 2 years to 5 years | 2 weeks |
| 5 years to 10 years | 4 weeks |
| 10 years to 15 years | 6 weeks |
| 15 years or more | 8 weeks |
These are absolute minimums. You can contractually agree longer notice periods — and for most roles beyond entry level, you should.
An employee resigning must give a minimum of one week's notice once they have 13 weeks' service, unless their contract says otherwise.
Contractual notice periods
Most employment contracts specify a notice period that is longer than the statutory minimum. This is standard practice, particularly for roles where recruitment or handover takes time.
There is no legal cap on how long a contractual notice period can be, but it must be reasonable in the context of the role. Overly long notice periods — particularly for junior employees — can be challenged, and the Workplace Relations Commission (WRC) takes a dim view of terms that are clearly designed to trap rather than protect.
A common approach is to set notice periods by seniority: one month for most employees, two or three months for managers, and three to six months for senior leadership. Whatever you decide, make sure it is written clearly in the contract of employment and that both parties sign before the employment begins.
Pay in lieu of notice (PILON)
If you want an employee to leave immediately rather than work through their notice period, you can offer payment in lieu of notice. This means paying the employee their normal salary and benefits for the full notice period without requiring them to come in.
PILON is only permitted without the employee's agreement if the contract expressly allows for it. If your contract is silent on PILON, you either need the employee's consent or you risk a wrongful dismissal claim.
Tax treatment matters here too. PILON is generally treated as taxable earnings — subject to income tax, USC and PRSI in the normal way — not as a tax-free termination payment. Revenue's position is that where a PILON clause exists in the contract, or where PILON is customary in your workplace, it is fully taxable.
Garden leave
Garden leave is a related concept. The employee remains employed and continues to be paid through their notice period, but is not required — or permitted — to come to work. It is used most often where the employee is moving to a competitor and you want to keep them away from clients, data or colleagues during the transition.
Like PILON, garden leave must be expressly provided for in the contract to be enforceable. Without a garden leave clause, you generally cannot prevent a working employee from coming in and doing their job during notice.
What happens when notice is not given or not worked
If an employee leaves without giving proper notice, your options are limited in practice. You can potentially pursue a breach of contract claim, but this is rarely worth the cost or effort unless the employee's early departure causes substantial, quantifiable loss.
If you as an employer fail to give the correct notice — or provide the equivalent in pay — the employee can bring a claim under the Minimum Notice Act to the WRC. Awards tend to reflect the notice not given, but the process is relatively straightforward for employees to initiate, so it is worth getting this right.
A note on redundancy
Statutory redundancy is a separate process from notice and carries its own rules and payment obligations. However, employees being made redundant are still entitled to their full notice period — or pay in lieu — on top of any redundancy payment. The two are not interchangeable.
It is also worth being aware that fixed-term employees have notice rights too. The expiry of a fixed-term contract does not automatically count as notice having been given, depending on the circumstances and the length of service involved.
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This article is general information only and does not constitute legal advice. Employment law can be fact-specific. If you are dealing with a complex or contested situation, take advice from a qualified employment law solicitor.
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