Calculate the legal notice period a tenant must give to end a tenancy in Ireland, based on the Residential Tenancies Acts.
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Notice Periods in Ireland
When you decide to leave your job or your employer needs to end your employment, a notice period is usually required. This is a set amount of time you or your employer must continue working (or be paid for) after giving notice. The rules in Ireland come from two main sources: the statutory minimum set by law and any longer period agreed in your contract of employment.
How is the Notice Period Calculated?
The calculation depends on who is giving the notice and your length of continuous service with the employer.
If an Employee is Resigning: The legal minimum notice you must give your employer is 1 week, regardless of how long you have worked there. This is set by the Minimum Notice and Terms of Employment Act 1973. However, your contract may require you to give more notice, such as one month. You must always give the longer of the two periods.
If an Employer is Dismissing: The legal minimum notice an employer must give increases with the employee's service. The schedule is as follows:
| Length of 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 |
Again, if the employment contract promises a longer notice period, the employer must honour that. No statutory notice is required for employees with less than 13 weeks of service.
Worked Example
Sarah has worked for her company for 6 years. Her contract states a notice period of 1 month (approximately 4.33 weeks). If Sarah resigns, the statutory minimum is 1 week, but her contractual notice is 1 month. She must give 1 month's notice. If her employer dismisses her, the statutory minimum for 6 years of service is 4 weeks. Since 1 month (4.33 weeks) is longer than 4 weeks, the employer must give 1 month's notice. The applicable notice period is always the higher figure.
Common Scenarios
- During Probation: Notice periods during probation are often shorter (e.g., 1 week) and are usually defined in the contract. The statutory minimums still apply if the employee has more than 13 weeks of service.
- Payment in Lieu of Notice (PILON): An employer can choose to pay you for your notice period instead of having you work it. This must be at least your normal pay for that period.
- Gross Misconduct: If an employee is dismissed for gross misconduct, the employer may not be required to give notice or pay in lieu.
Next Steps: The Resignation Letter
Once you know your notice period, the next formal step is to provide written notice to your employer. A clear, professional resignation letter helps ensure a smooth transition and protects your employment record. It should include your intended last day of work, which you can calculate using this tool.