Reasonable notice – could your employees make such a claim on termination?

What is reasonable notice?

In circumstances where the terms of an employment contract don't specify a notice period on termination, or where an employee has an employment contract that is out of date (for instance, it relates to a previous position held by the relevant employee), an employee may be able to claim that is an implied term in their employment that they are due "reasonable notice" (usually anywhere from one to 12 months' pay) on termination.

In deciding what "reasonable notice" would be in a given case, the courts take into consideration a range of factors related to the particular employee's circumstances, including:

• level of seniority;
• size of salary;
• length of service;