Notice Period Requirements

Statutory minimum notice is 1 week for each year of service (up to 12 weeks maximum). Employees must give at least 1 week after one month's service. Contracts can require longer notice but never less than the statutory minimum.

Last updated: February 2025

1 week per year (max 12)

Minimum (employer)

1 week

Minimum (employee)

1 month

Qualifying period

What the Law Says

Section 86 of the Employment Rights Act 1996 sets statutory minimum notice periods. Employers must give 1 week per year of continuous service, up to a maximum of 12 weeks. Employees must give at least 1 week after one month's service. Contractual notice can exceed but not fall below statutory minimums.

Your Obligations as an Employer

  • Give at least the statutory minimum notice based on length of service
  • Pay full wages during the notice period including benefits
  • Allow the employee to work their notice or pay in lieu if contractually permitted
  • Provide written confirmation of the termination date

What to Include in Contracts

Specify the contractual notice period for both employer and employee (which must meet or exceed statutory minimums), whether PILON is permitted, whether garden leave may be imposed, and any conditions during the notice period.

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Common Mistakes

  • Setting contractual notice below statutory minimum
  • Not paying benefits during notice period
  • Forgetting statutory notice increases with length of service

FAQ

Can an employer waive the notice period?

Yes, an employer can waive the employee's notice period and allow them to leave immediately. However, the employer cannot force the employee to leave without notice unless paying in lieu, which requires a PILON clause in the contract.

What happens if an employee leaves without giving notice?

The employer could technically sue for breach of contract to recover losses caused by the early departure, but this is rare in practice. The employer should not withhold wages already earned but may be able to withhold notice-period pay if the contract allows.

Related Topics

Payment in Lieu of Notice (PILON)

Garden Leave Rules

Unfair Dismissal Rules

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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