What is the statutory notice period in the UK?

The statutory minimum notice period depends on how long you've worked for your employer. During the first month there's no statutory minimum. From 1 month to 2 years, it's 1 week. From 2 to 12 years, it's 1 week for each full year of service (e.g. 5 years = 5 weeks). After 12 years, the maximum statutory notice is 12 weeks. Your contract can specify a longer notice period, but never shorter than the statutory minimum.

Can my employer make me leave immediately?

Your employer can ask you to leave immediately if they pay you in lieu of notice (PILON) — meaning they pay your salary for the notice period but you don't have to work it. They can also dismiss you without notice for gross misconduct (e.g. theft, violence, serious insubordination). If they dismiss you without notice and without a valid reason, this is wrongful dismissal and you can claim compensation.

What happens if I don't work my notice period?

If you leave without working your contractual notice, your employer could theoretically sue you for breach of contract — but this is rare for most employees. More commonly, they may withhold pay, refuse to give a reference, or note it on future reference checks. If you have a senior or specialist role, or a restrictive covenant, the consequences can be more significant. The best approach is to negotiate a shorter notice period if you need to leave quickly.

What is gardening leave?

Gardening leave is when your employer tells you not to come in to work during your notice period, but you remain employed and continue to be paid. You're still bound by your contract terms including confidentiality and restrictive covenants. It's commonly used for senior employees, people moving to a competitor, or roles with access to sensitive information. You must remain available to work if asked, and you can't start a new job during gardening leave unless your employer agrees.

Notice Period Guide UK — Statutory, Contractual & Your Rights | PocketWise

Whether you’re resigning or being let go, understanding notice periods is essential. Here’s how they work.

For the wider cluster covering redundancy, statutory pay, leave rights, contract protections, and dispute routes, use the main Employment Rights hub.

Statutory Notice Periods

Length of service	Notice your employer must give you	Notice you must give your employer
Less than 1 month	None	None
1 month to 2 years	1 week	1 week
2 years	2 weeks	1 week (statutory)
3 years	3 weeks	1 week
5 years	5 weeks	1 week
10 years	10 weeks	1 week
12+ years	12 weeks (maximum)	1 week

Important: Your contract can specify longer notice periods (e.g. 3 months), but never shorter than the statutory minimum.

Contractual vs Statutory Notice

Feature	Statutory notice	Contractual notice
Set by	Law (Employment Rights Act 1996)	Your employment contract
Minimum	As per table above	Must be at least the statutory minimum
Common contractual periods	N/A	1 month, 3 months, 6 months
Which applies?	Whichever is longer

Typical Contractual Notice Periods

Role level	Common notice period
Entry level / hourly	1 week – 1 month
Mid-level / salaried	1–3 months
Senior / management	3–6 months
Director / C-suite	6–12 months

Ways Notice Periods End

1. Working Your Notice

Detail	Information
What happens	You continue working normally until the end date
Pay	Normal salary, benefits, pension contributions continue
Holiday	You continue to accrue holiday and can take it (or be paid in lieu)
Rights	All normal employment rights continue throughout

2. Payment in Lieu of Notice (PILON)

Detail	Information
What happens	Employer pays your salary for the notice period but you leave immediately
Tax treatment	Taxable as normal earnings (if PILON clause is in your contract)
Benefits	Usually stop on your leaving date
Pension	Usually stops on your leaving date
When it’s used	Employer wants you to leave quickly, redundancy situations

3. Gardening Leave

Detail	Information
What happens	You stay employed but don’t come in to work
Pay	Full salary and benefits continue
Can you start a new job?	No — you’re still employed by your current employer
Must you be available?	Yes — employer can recall you to work
Non-compete clauses	Continue to apply — the notice period “uses up” some of the restriction
Common for	Senior staff, people joining competitors, those with trade secrets

4. Summary Dismissal (No Notice)

Detail	Information
What happens	Employer dismisses you immediately with no notice and no pay in lieu
When it’s lawful	Gross misconduct only
Examples	Theft, fraud, violence, serious health and safety breaches, serious insubordination
Your rights	You can still challenge it at tribunal if you believe the misconduct claim is unfair

During Your Notice Period

Right	Detail
Pay	Full normal pay (including regular overtime, commission if applicable)
Holiday	Continues to accrue. Can take it or be paid in lieu when you leave
Sick pay	Entitled to SSP if you’re ill during notice
Benefits	Continue until your last day of employment
Pension	Contributions continue until last day
Job searching	Reasonable time off to attend interviews (if being made redundant)
Restrictive covenants	Still apply during notice

Resigning — Your Notice Obligations

If your contract says	You must give
No notice period stated	Statutory minimum (usually 1 week)
1 month notice	1 month
3 months notice	3 months

How to Resign

Step	Action
1	Check your contract for the required notice period
2	Write a resignation letter/email stating your last working day
3	Give it to your manager (and HR if required)
4	Your notice starts the day after you give notice
5	Work your notice period professionally

Can You Negotiate a Shorter Notice?

Approach	Detail
Ask your employer	Many will agree — especially if they can hire a replacement quickly
Offer to help with handover	Makes it easier for them to agree
Use holiday	Take accrued holiday during your notice period
Mutual agreement	If both sides agree, the contract terms can be varied

What Happens If You Don’t Work Your Notice

Consequence	Likelihood
Employer sues for breach of contract	Rare — but possible for senior roles or if it causes real financial loss
Employer withholds outstanding pay	Possible — though they can usually only withhold notice pay, not wages already earned
Poor reference	Possible — “would not re-employ” or factual note about not working notice
Restrictive covenants still apply	Yes — leaving early doesn’t void non-compete clauses
Damage to professional reputation	Possible — especially in small industries

Redundancy and Notice

Detail	Information
Notice period on redundancy	Same rules apply — statutory or contractual, whichever is longer
Can employer pay in lieu?	Yes
Time off for job hunting	Reasonable time off if you have 2+ years’ service
Redundancy pay is separate	Notice pay and redundancy pay are different things — you’re entitled to both

Notice Period Guide UK — Statutory, Contractual & Your Rights

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