Notice Period UK Explained

Your notice period is the length of time you must continue working after resigning (or being dismissed) in the UK. Understanding your notice period is crucial when planning your resignation, as it affects your last working date, final pay, and professional obligations.

Statutory Notice Periods

UK law sets minimum notice periods that apply when your contract doesn't specify one, or when the contractual notice is less than the statutory minimum.

Employee Giving Notice

When you resign, the statutory minimum notice you must give is:

• Less than 1 month employed: No statutory notice required
• 1 month or more employed: 1 week notice minimum

This remains 1 week regardless of how long you've worked there - whether it's 2 months or 20 years.

Employer Giving Notice

If your employer dismisses you, they must give:

• Less than 1 month employed: No statutory notice
• 1 month to 2 years: 1 week notice
• 2 years or more: 1 week for each complete year of service (up to 12 weeks maximum)

For example, if you've worked for 5 years, your employer must give you 5 weeks notice when dismissing you.

Contractual Notice Periods

Most employment contracts specify notice periods longer than the statutory minimum. These are legally binding for both parties.

Typical Contractual Notice Periods

Mutual Notice Clauses

Some contracts state "mutual notice" - meaning the same notice period applies whether you resign or are dismissed. Others specify different periods for each party.

How to Calculate Your Notice Period

1. Check your contract: Look for a notice period clause in your employment contract or written statement
2. Count in weeks or months: Notice is typically given in calendar weeks or months, not working days
3. Start date: Notice period starts the day after you hand in your resignation
4. Calculate end date: Count forward from the start date by the required period

Notice Period During Probation

Probation periods often have shorter notice requirements, typically:

• No notice or immediate termination allowed
• 1 week notice by either party
• 2 weeks notice once probation is passed

Always check your contract's probation clause, as these terms vary significantly between employers.

What Happens If You Don't Work Your Notice?

If you resign without working your contractual notice period, several consequences may follow:

Financial Consequences

• Withheld salary: Your employer can deduct unpaid notice from your final paycheck
• Lost benefits: Benefits accrued during notice (bonuses, commission) may be forfeited
• Damages: In rare cases, employers may sue for damages caused by your departure

Professional Consequences

• Poor or no reference from your employer
• Damaged professional reputation in your industry
• Potential issues with future background checks

Learn more about resigning without notice

Can You Negotiate Your Notice Period?

Yes, notice periods can often be negotiated, particularly when:

Shortening Your Notice

You can ask your employer to release you early. They may agree if:

• They have no immediate work for you
• Your replacement has already started
• There's been a breakdown in the working relationship
• You have urgent personal circumstances

Payment in Lieu of Notice (PILON)

Some employers offer payment in lieu of notice - paying you for your notice period without requiring you to work. This must be:

• Included in your contract as an option, OR
• Agreed mutually by both parties

PILON payments are taxable as regular income and include your basic salary, but usually not benefits like health insurance or car allowance.

Garden Leave

Garden leave occurs when your employer pays you to stay away from work during your notice period. While on garden leave:

• You remain employed and receive full pay and benefits
• You must not work for anyone else (including yourself)
• You cannot contact clients or colleagues without permission
• You must remain available if called back to work
• Your notice period continues to run

Garden leave is common in senior roles or when you're joining a competitor, as it prevents you from taking sensitive information to a new employer immediately.

Holiday During Notice Period

You're entitled to take holiday during your notice period, but:

• Your employer can refuse holiday requests during notice
• They cannot force you to take holiday unless specified in your contract
• Unused holiday is paid out in your final paycheck
• If you've taken more holiday than accrued, this is deducted from final pay

Sickness During Notice Period

If you're sick during your notice period:

• Your notice period continues to run - it doesn't extend
• You're entitled to SSP (Statutory Sick Pay) or contractual sick pay
• You must follow normal sickness reporting procedures
• Your employer cannot dismiss you for being sick during notice

Frequently Asked Questions

Does my notice period include weekends?

Yes. Notice periods are calculated in calendar weeks or months, which include weekends and bank holidays, not just working days.

Can my employer refuse my resignation?

No. Your employer cannot refuse your resignation, but they can hold you to your contractual notice period. You're free to resign at any time, but you may face consequences for not working your notice.

What if my contract says nothing about notice?

Statutory minimum notice applies: 1 week if you've worked there for at least 1 month, or "reasonable notice" which courts typically interpret as 1 week for each year of service.

Can I be dismissed during my notice period?

Yes, but only for gross misconduct. If dismissed during your notice period for other reasons, you're entitled to notice period pay and potentially unfair dismissal compensation.

ACAS Guidance on Notice

ACAS recommends:

• Always provide written resignation stating your notice period
• Check your contract carefully before resigning
• Discuss early release professionally with your employer
• Get any agreement to waive notice in writing
• Hand over work properly during your notice period

Source: ACAS - Handing in your notice