What is a notice period?

What a notice period is

A notice period is the time between someone saying a job will end and the last working day. It works both ways. You give notice when you resign. Your employer gives you notice if they end your job, for example through dismissal or redundancy.

Your contract should say how much notice is needed. The law also sets a minimum. Your contract can give more than the legal minimum, but not less.

Notice you must give

If you have been in your job for more than a month, you must give at least 1 week's notice, unless your contract says longer.

Your contract may say notice must be in writing. If it does not, you can resign verbally, but writing it down is better in case you need proof later. Your notice usually starts the day after you hand it in.

If you leave without giving the right notice, it may be a breach of contract and your employer could take you to court.

Notice your employer must give you

You get whichever is longer: your contract notice or the legal minimum. For example, if you have worked somewhere for 5 full years and your contract says 1 month, you are entitled to at least 5 weeks.

Some things, such as violence at work, can lead to dismissal without notice.

Pay during your notice

You are normally paid your usual rate while you work your notice. You are also entitled to bonuses and commission during your notice, unless your contract says otherwise. If you are off sick, on holiday or on parental leave during notice, what you are paid depends on your contract and situation.

When your employer gives you notice of redundancy, notice pay is based on your average weekly pay over the 12 weeks before notice starts.

Payment in lieu of notice

Your employer can end your job straight away and pay you instead of having you work your notice. This is called payment in lieu of notice. You can only get it if it is in your contract or you agree to it. You should get all the basic pay you would have had during the notice period.

Garden leave

Your employer may ask you to stay away from work, or work from home, during your notice. This is called garden leave. You get the same pay and contractual benefits as normal.

If something goes wrong

Try to sort it out with your employer first. If that does not work, you can use their grievance procedure. You may be able to make a claim to an employment tribunal for breach of contract. Acas gives free advice on notice and pay.

If you live in Northern Ireland

The legal minimums are the same. You must give at least 1 week after a month in the job. Your employer must give 1 week for 1 month to 2 years, then 1 week per full year, up to 12 weeks.

Related guides

• How much statutory redundancy pay will I get?
• What can I do if I've been unfairly dismissed?
• What is Acas early conciliation?
• How do I work out my holiday pay?
• What is a P45?

Where this comes from

• Handing in your notice: giving notice (GOV.UK)
• Payment during your notice period (GOV.UK)
• Garden leave (GOV.UK)
• Redundancy: notice periods (GOV.UK)
• Dismissal: your notice period (GOV.UK)
• Giving or getting notice from your job (nidirect)