Find out your minimum statutory notice entitlement and how it compares to your contractual notice period.
Under the Employment Rights Act 1996, employees are entitled to a minimum statutory notice period based on their length of continuous service. The statutory minimum is one week per complete year of service, up to a maximum of 12 weeks for 12 or more years.
Your employment contract may specify a longer notice period — this contractual notice applies if it exceeds the statutory minimum. However, your employer cannot enforce a notice period that is shorter than the statutory minimum, even if your contract states one.
Employees must also give notice: the statutory minimum for an employee giving notice is one week, regardless of length of service (unless your contract specifies more).
How long you have worked for your employer without a break.
When an employer ends someone's employment, the employee is entitled to at least:
An employee who resigns must give at least 1 week's notice once they have worked there for 1 month. The contract can require longer notice from either side, but it cannot give less than the statutory minimum.
An employer can pay the employee for their notice period instead of having them work it, which is known as pay in lieu of notice. It is safest when the contract allows it. All pay in lieu of notice is taxed as normal earnings.
Garden leave keeps the employee employed and paid during their notice, but away from work. An employer can require it if the contract has a garden leave clause; without one, it should be agreed with the employee.
If an employee is dismissed without the notice they were entitled to, the statutory minimum notice can be added on when working out whether they have enough service to claim unfair dismissal. From 1st January 2027 the qualifying period for unfair dismissal falls from 2 years to 6 months, so this can matter for employees close to 6 months' service.
An employer must give at least 1 week's notice to an employee with 1 month to 2 years' service, then 1 week for each complete year of service, up to 12 weeks. An employee must give at least 1 week's notice once they have worked for 1 month. A contract can give longer notice, but not less.
Whichever is longer. If the contract gives 1 month but the employee has 6 years' service, they are entitled to 6 weeks' notice.
Unless it is gross misconduct, dismissing someone without the notice they are entitled to, or pay in lieu, is wrongful dismissal. The employee can claim the notice pay they should have received.
Pay in lieu of notice (PILON) is when the employer pays the notice period instead of the employee working it. Since April 2018, all pay in lieu of notice is subject to Income Tax and National Insurance, whether or not the contract has a PILON clause.
Yes, if the contract has a garden leave clause, or if the employee agrees to it. The employee stays employed and paid, but does not come to work and must not work for anyone else.
No. Notice pay covers the notice period. Statutory redundancy pay is a separate payment based on age, service and weekly pay. An employee who is made redundant is usually entitled to both.
They are in breach of contract. The employer cannot simply hold back wages already earned unless the contract or a written agreement allows a deduction, but it can agree a shorter notice period or, in rare cases, claim for losses it can prove.
Whatever the contract says for the probation period, but not less than the statutory minimum: 1 week once the employee has worked there for 1 month.
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