What Is a Notice Period?
A notice period is the amount of time you are required to give your employer between telling them you are leaving your job and your actual last working day. In the UK, this period is usually set out in your employment contract, but if it isn’t, there are statutory minimum notice requirements you must follow under the Employment Rights Act 1996.
Purpose of Giving Notice
Giving notice is a professional and often legal requirement when resigning from a job. It allows your employer time to make arrangements for your departure, such as recruiting a replacement, redistributing your work, or organising a handover. For employees, serving your notice period ensures you leave on good terms and can help protect your right to receive your final pay, outstanding holiday, and a reference.
How Notice Periods Benefit Both Sides
Notice periods are designed to help both employers and employees manage the transition smoothly. For employers, it offers a chance to maintain business continuity and plan for staffing changes. For employees, it provides a clear end date, time to wrap up projects, and the opportunity to prepare for the next step in their career.
Examples of Notice Periods
- Contractual Notice: If your contract states you must give four weeks’ notice, you are legally obliged to do so unless your employer agrees otherwise.
- Statutory Notice: If your contract does not specify a notice period, the law requires you to give at least one week’s notice if you have worked for your employer for one month or more.
Practical Advice
Always check your employment contract before resigning to confirm your notice period. If you wish to leave earlier than your notice period allows, discuss this with your employer – they may agree to a shorter notice or a mutually convenient end date. However, leaving without giving proper notice can have consequences, such as loss of pay or potential legal action.
For a more detailed look at how notice periods work, including your rights and obligations, see our guide on Notice and Termination.
How Long Should Your Notice Period Be?
How Long Should Your Notice Period Be?
When you decide to resign from your job, it’s important to understand how much notice you need to give your employer. The length of your notice period can depend on both the law and the terms of your employment contract. Giving the correct notice helps ensure a smooth transition and protects your employment rights.
Statutory Minimum Notice Periods
UK law sets out minimum notice periods that employees must give their employers when resigning, based on how long they have worked for the company. These are known as statutory notice periods, as set out in the Employment Rights Act 1996. The rules are:
- If you have been employed for one month or more: You must give at least one week’s notice.
- If you have been employed for less than one month: There is no statutory requirement to give notice, unless your contract says otherwise.
These are the legal minimums. You can always give more notice if you wish, but you cannot be required to give less than the statutory minimum.
Typical Contractual Notice Periods
Most employment contracts specify a notice period that may be longer than the statutory minimum. For example, your contract might require you to give two weeks, one month, or even several months’ notice, depending on your role and seniority. Some companies also set out notice requirements in an employee handbook.
Always check your contract or the staff handbook to see what notice period applies to you. If your contract requires a longer notice period than the statutory minimum, you are generally expected to follow the terms you agreed to when you started your job.
Statutory vs. Contractual Notice
The main difference between statutory and contractual notice periods is that statutory notice is the minimum required by law, while contractual notice is what you and your employer have agreed to in your contract. If your contract states a longer notice period than the statutory minimum, you must give the longer period. However, if your contract specifies a shorter notice than the law requires, the statutory minimum will override your contract.
For example:
- Scenario 1: Your contract says you must give two weeks’ notice, and you have worked for your employer for one year. You must give two weeks’ notice, as this is longer than the legal minimum.
- Scenario 2: Your contract says you must give three days’ notice, but you have worked for your employer for six months. You must still give at least one week’s notice, as required by law.
If you are unsure about your rights or obligations, you can find comprehensive guidance on GOV.UK: Employment Rights, which explains employment status and notice periods in detail.
Why Checking Your Contract Matters
Your employment contract is the first place to look when working out your notice period. If you don’t have a written contract, or if the contract doesn’t mention notice periods, the statutory minimum applies. Failing to give the correct notice may have consequences, such as loss of pay or difficulties with references.
If you want to learn more about notice requirements from both the employee and employer perspectives, see our section on How Much Notice Must Be Given?
Understanding your notice period helps you leave your job on good terms and ensures you protect your rights as an employee. Always check your contract and, if in doubt, seek professional advice or refer to official guidance.
Statutory Minimum Notice Periods
Statutory Minimum Notice Periods
When resigning from your job in the UK, the law sets out minimum notice periods that you must give your employer, depending on how long you have worked for them. These rules are designed to ensure both you and your employer have enough time to prepare for your departure and make arrangements for the transition.
What is the statutory minimum notice period?
The statutory minimum notice period is the least amount of notice you are legally required to give your employer when you decide to resign. These requirements are set out in Employment Rights Act 1996 Section 86, which provides the legal framework for notice periods in the UK.
How much notice must you give?
- If you have been employed for between one month and two years:
You must give at least one week’s notice before leaving your job. - If you have been employed for two years or more:
You must give one additional week’s notice for each complete year of service, up to a maximum of 12 weeks.
For example, if you have worked for your employer for five years, your statutory notice period is five weeks. If you have worked for 15 years, the maximum notice you need to give is 12 weeks.
Example scenarios
- Employed for 18 months: You must give at least one week’s notice.
- Employed for 3 years: You must give three weeks’ notice.
- Employed for 10 years: You must give 10 weeks’ notice.
- Employed for 20 years: You only need to give the maximum of 12 weeks’ notice.
Does notice have to be in writing?
Yes, to be valid, your resignation and notice should always be given in writing. This helps avoid disputes and provides a clear record of when you gave notice. You can write a letter or send an email to your employer stating your intention to resign and specifying your last working day based on your notice period.
What if your contract says something different?
Your employment contract may specify a longer notice period than the statutory minimum. If so, you are usually required to give the notice period stated in your contract. However, you cannot be required to give less than the statutory minimum. If your contract is silent on notice periods, the statutory minimum applies.
Why are notice periods important?
Giving the correct notice helps ensure a smooth transition for both you and your employer. Failing to give the proper notice could result in loss of pay for the notice period or even legal action in some cases. For more on how notice periods operate in other situations, such as when you are dismissed, see Statutory Notice Periods in the UK.
Understanding your rights and obligations when resigning is crucial for a fair and professional end to your employment. If you’re unsure about your specific situation, consider seeking advice or referring directly to the legislation for more details.
Contractual Notice Periods
When you resign from your job, the notice period you must give is usually set out in your employment contract. This is known as your contractual notice period. While UK law sets a statutory minimum notice period – normally one week if you’ve worked for your employer for at least a month – your contract can require you to give more notice than this minimum. For example, it’s common for contracts to specify a notice period of one month, or even longer for senior positions.
It’s important to check your contract carefully before handing in your resignation. The contract should clearly state how much notice you need to give and whether there are any special requirements, such as providing your notice in writing. If your contract sets out a longer notice period than the statutory minimum, you are legally required to follow the terms of your contract unless you and your employer agree to a different arrangement. Failing to give the correct notice could mean your employer is entitled to withhold pay for the notice period you have not worked, or potentially take legal action for breach of contract – though this is rare in practice.
If you wish to leave sooner than your contractual notice period allows, discuss this with your employer. Sometimes, employers are willing to negotiate a shorter notice period or agree to waive it entirely, especially if it suits both parties. Any changes to your notice period should be agreed in writing to avoid misunderstandings.
For more information on what your employment contract should include – such as notice periods, pay, and other terms – see the GOV.UK: Employment Contracts guidance. If you don’t have a written contract or your contract doesn’t specify a notice period, you’ll need to follow the statutory rules. You can find out more about this in our section on Resigning Without a Contract.
It’s also helpful to understand how notice periods work if your employer ends your employment. For a comparison of your rights and your employer’s obligations in those situations, visit our guide to Notice Periods for Dismissal: Your Rights and Employer Obligations.
How to Give Notice When Resigning
When you decide to resign from your job, giving notice in a professional and clear manner is essential for maintaining a positive relationship with your employer and protecting your rights. Here’s how to approach the process:
1. Best Practices for Handing in Your Notice
It’s generally best to give your notice in writing, even if you discuss your resignation verbally first. This creates a formal record and reduces the risk of misunderstandings. Check your employment contract for any specific requirements about how to give notice – some employers may specify email, letter, or an online portal. If there’s no guidance, a written notice (either as a letter or an email) is the safest option.
Aim to hand in your notice at the start of the working week so both you and your employer have time to plan the transition. If possible, arrange a meeting with your manager to discuss your decision before sending your written notice, as this is considered courteous and professional.
2. Writing a Resignation Letter: What to Include
Your resignation letter should be brief, polite, and to the point. At a minimum, include:
- The date you are writing the letter.
- A clear statement that you are resigning.
- The length of notice you are giving, and your intended last day of work (in line with your contract or statutory notice period).
- A thank you or positive reflection, if appropriate.
If you’re unsure how to structure your letter, you can use the Resignation Letter Template provided by Acas. This ensures you include all the necessary details and present your resignation clearly. Remember, if you feel forced to resign due to your employer’s conduct, the process may differ – seek advice before using a standard template.
3. Communicating Your Resignation
After preparing your resignation letter, deliver it directly to your manager or HR department. If you discuss your resignation in person or over the phone, follow up immediately with your written notice for clarity and record-keeping.
Be prepared for a range of responses. Some employers may want to discuss your reasons for leaving or conduct an exit interview. While you’re not obliged to give detailed reasons, being constructive and professional helps maintain goodwill.
If you’re resigning at a time that may affect your employer more than usual, such as during school holidays, it’s wise to consider how this could impact your team or workload. For more on this, see our guidance on Can I Hand in My Notice During School Holidays?
4. Keeping a Copy for Your Records
Always keep a copy of your resignation letter and any related correspondence. This can be important if there are disputes over your notice period, final pay, or references. Save copies of emails, letters, and any responses from your employer.
5. Following Best Practice and Legal Guidelines
While there is no strict legal requirement for the format of your resignation notice, following best practice helps avoid complications. Your employer is expected to handle your resignation fairly and in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures, which outlines minimum standards for workplace procedures. This code is not law, but employment tribunals will consider whether employers and employees have followed it in the event of a dispute.
For a step-by-step overview of the resignation process, including what to do before and after giving notice, see our full guide: How to Resign From Your Job.
What Happens If You Don’t Give the Correct Notice?
When you resign from your job in the UK, you are usually required to give notice as set out in your employment contract or, at minimum, the statutory notice period under the Employment Rights Act 1996. Failing to give the correct notice can have several consequences, both for your final pay and your future employment record.
Potential Consequences of Not Giving Proper Notice
If you leave your job without giving the required notice, you may be in breach of contract. This means your employer could potentially:
- Withhold pay: Your employer may be entitled to withhold pay for any period you do not work during your notice, especially if you leave immediately without agreement. However, they cannot withhold pay for work you have already completed.
- Deduct from your final salary: If your contract includes a clause allowing for deductions in the event of insufficient notice, your employer might deduct an amount equivalent to your notice period from your final pay.
- Claim damages: In rare cases, your employer could take legal action to recover losses caused by your early departure, such as the cost of hiring temporary staff. However, this is unusual and often not pursued unless your absence causes significant disruption.
How Your Employer Might Respond
Employers vary in how strictly they enforce notice requirements. Some may simply accept your resignation and move on, while others might insist on enforcing the terms of your contract. If you have a good relationship with your employer or a valid reason for leaving early (such as a family emergency), they may be willing to negotiate a shorter notice period.
If you leave without notice or with less notice than required, you may also affect your reference or future job prospects. Employers are generally expected to provide factual references, but they may note if you did not follow proper resignation procedures.
Loss of Pay and Breach of Contract
It’s important to understand that failing to give the correct notice is technically a breach of contract. This could result in the loss of certain contractual benefits, such as accrued but unused holiday pay (if your contract allows for this), or other end-of-employment payments.
If you feel your employer is acting unfairly – such as withholding pay you are legally entitled to – you have the right to raise a formal complaint. For guidance on this process, you can refer to GOV.UK: How to make a complaint about your employer.
Negotiating Your Notice Period
If you are unable to give the full notice period – perhaps due to urgent personal circumstances – it’s best to speak to your employer as soon as possible. Open communication can often lead to a compromise, such as a mutually agreed shorter notice or using outstanding holiday entitlement to cover part of your notice period.
Further Advice
Leaving without proper notice can have serious implications. If you’re considering resigning immediately, it’s important to understand the risks. See our guide on Quitting Your Job Without Notice for more details about your rights and potential consequences.
For a comparison of your rights when notice is not given correctly by an employer, see Notice Periods for Dismissal: Your Rights and Employer Obligations.
By understanding your contractual and legal obligations, and communicating openly with your employer, you can help ensure a smoother end to your employment and protect your rights.
Special Considerations for Certain Jobs and Situations
Special Considerations for Certain Jobs and Situations
Notice period rules can vary depending on your profession, the terms of your contract, and your employment situation. Below, we explain some of the most common scenarios where special rules or considerations may apply.
Notice Periods for Specific Professions
Some professions, such as teaching, have particular rules about resignation and notice periods. For example, teachers in maintained schools in England and Wales are usually required to give notice in line with set resignation dates – typically at the end of a school term. This means you may need to give notice months in advance, rather than the minimum statutory notice. For detailed guidance, see our Resignation Guide for UK Teachers.
Other regulated or public sector roles, such as healthcare or civil service positions, may also have specific notice requirements set by industry agreements or regulations. Always check your contract and any relevant professional guidelines.
Resigning During School Holidays or Special Circumstances
If you are considering resigning during a school holiday or another special period, your notice period may be affected. For example, teachers are generally expected to give notice so their resignation takes effect at the end of a term, not during holidays. However, there can be exceptions or additional considerations if your contract allows, or if both you and your employer agree to a different arrangement. For more information on how school holidays affect notice periods, read our guide: Can I Hand in My Notice During School Holidays?
No Written Contract or No Mention of Notice Period
If you do not have a written contract, or your contract does not specify a notice period, you are still protected by statutory notice rules under the Employment Rights Act 1996. Legally, if you have worked for your employer for at least one month, you must give at least one week’s notice when resigning. Your employer cannot require less than this minimum, but you can agree to give more notice if you wish. If you have worked for less than a month, you may not be required to give notice, but it is best practice to inform your employer as early as possible.
Fixed-Term Contracts and Probation Periods
Fixed-Term Contracts
If you are on a fixed-term contract, the rules depend on what your contract says. Some fixed-term contracts specify a notice period for early termination. If not, statutory notice rules apply: one week’s notice if you have worked for at least a month. If your fixed-term contract is ending naturally (on the agreed end date), you usually do not need to give notice unless your contract specifically requires it.
Probation Periods
During a probation period, your contract might set out a shorter notice period, such as one week or even less. If your contract is silent on this, statutory notice applies once you have worked for at least one month. Always check your contract for specific terms relating to probation, as employers often include different notice requirements for this initial period.
Practical Tips
- Always review your employment contract for specific notice requirements.
- If you are unsure about your rights or obligations, ask your employer or seek advice from a professional.
- Special situations, such as resigning during school holidays, may have unique considerations – find more details in our article: Can I Hand in My Notice During School Holidays?.
Understanding these special considerations will help ensure that you resign fairly and legally, avoiding misunderstandings or disputes during your notice period.
After You’ve Given Notice: What to Expect
After You’ve Given Notice: What to Expect
Once you’ve handed in your resignation, your notice period officially begins. This is the final stage of your employment, and both you and your employer have certain rights and responsibilities during this time. Understanding what to expect can help ensure a smooth transition for everyone involved.
What Your Employer Can Expect From You
During your notice period, your employer is entitled to expect the same standard of work and professionalism as before. You should continue to perform your duties as outlined in your employment contract, attend work as usual, and fulfil any reasonable requests. This helps maintain goodwill and ensures a positive reference for future opportunities.
Employers may also ask you to help train your replacement or assist with a handover of your responsibilities. This is a common practice and helps ensure a smooth continuation of work after you leave.
Your Rights and Responsibilities
Legally, you remain an employee throughout your notice period and are entitled to your normal pay and benefits. This includes holiday accrual, pension contributions, and access to any other contractual entitlements. Your statutory rights, such as protection from unfair dismissal and discrimination, also continue to apply.
At the same time, you are expected to give the correct amount of notice as stated in your contract or, if not specified, the statutory minimum (usually one week if you’ve been employed for more than a month). Failing to give proper notice can have consequences, such as loss of pay or, in rare cases, legal action for breach of contract.
For a more detailed look at your rights during this period, see our section on Rights During the Notice Period.
Garden Leave and Being Asked to Leave Immediately
In some cases, your employer may not want you to work your notice period. Instead, they might place you on ‘garden leave’ – meaning you stay away from work but remain employed and continue to receive your normal pay and benefits. Garden leave is often used when your employer wants to protect sensitive information or client relationships.
Alternatively, your employer may offer to pay you in lieu of notice (known as ‘PILON’), ending your employment immediately and paying you what you would have earned during the notice period. This can only happen if your contract allows for it, or if you agree to it.
If you are asked to leave straight away, make sure you receive everything you’re entitled to, including outstanding pay, holiday pay, and a written statement of employment if requested.
Preparing for Your Final Day and Handover
As your last day approaches, it’s important to prepare for a proper handover. This typically involves:
- Finishing outstanding tasks or projects.
- Creating clear notes or guides for your replacement.
- Returning any company property, such as laptops, ID cards, or keys.
- Ensuring your contact details are up to date for your final payslip or reference.
A thorough handover not only helps your employer but also leaves a positive impression, which can be valuable for future references.
By understanding your rights and responsibilities during your notice period, and by planning ahead for your departure, you can leave your job on good terms and with confidence.
Getting Paid and Finalising Your Employment
When you resign from your job, your notice period directly affects how and when you’ll receive your final pay and benefits. Understanding your rights and what to expect can help ensure a smooth transition and avoid disputes.
Final Pay During Your Notice Period
By law, you are entitled to receive your normal pay and benefits throughout your notice period, whether you work your usual hours or are put on “garden leave” (where you don’t have to work but remain employed). This includes your basic salary, as well as any regular benefits such as pension contributions, company car allowance, or private health insurance, unless your contract states otherwise.
If your contract specifies a longer notice period than the statutory minimum (one week after one month of continuous employment, as set out in the Employment Rights Act 1996), your employer must honour the terms agreed in your contract. During the notice period, you continue to accrue holiday and are entitled to any bonuses or commissions that would normally be paid.
What Happens If You Leave Early or Are Asked to Leave
If you leave your job before your notice period ends without your employer’s agreement, you may technically be in breach of contract. In practice, this means your employer could withhold pay for the days you did not work or, in rare cases, seek compensation for losses caused by your early departure. However, most employers will simply pay you up to your final working day.
If your employer asks you to leave immediately – known as “pay in lieu of notice” (PILON) – they must pay you for the full notice period, even though you are not required to work it. This payment should cover your basic pay and any contractual benefits, unless your contract says otherwise.
For further details on your rights during this time, see Notice and Termination.
Holiday Pay and Other Owed Payments
When your employment ends, you should receive payment for any outstanding holiday you have accrued but not taken. This is a legal requirement. Your final payslip should also include any other owed payments, such as overtime, expenses, or bonuses, if applicable.
It’s a good idea to check your final payslip carefully and compare it to your contract and recent payslips to ensure everything is correct.
What to Do If There Are Problems With Your Final Pay
If you notice missing payments or errors in your final pay, start by contacting your employer or HR department to raise the issue. Keep a written record of your communication. If the problem isn’t resolved, you may want to seek further guidance on Securing Your Payment After Leaving a Job, which covers practical steps you can take if you’re owed money after leaving.
If you still can’t resolve the issue, you can contact Acas (the Advisory, Conciliation and Arbitration Service) for free advice, or consider making a claim to an employment tribunal for unpaid wages. Remember, there are strict time limits for making a claim – usually three months less one day from the date the payment was due.
By understanding your rights and the rules around notice periods, you can help ensure you receive all the pay and benefits you’re entitled to when you leave your job.
Additional Resources and Related Guides
If you’re looking for more information on resigning from your job or want to explore related topics, the following resources can help you navigate your situation with confidence.
For a complete overview of the resignation process – including your rights, how to give notice, and what to expect regarding final pay – visit our main guide on Resignation. This resource covers essential steps to ensure you leave your job on the right terms and understand your legal position.
If you’re a teacher in the UK, specific rules may apply to your notice period and the resignation process, especially under the Burgundy Book agreement for maintained schools in England and Wales. For detailed guidance tailored to the education sector, see our Burgundy Resignation Guide for UK Teachers.
Not everyone has a written contract, but you still have legal obligations when resigning. In the absence of a contract, statutory notice periods usually apply – typically at least one week’s notice if you’ve been employed for a month or more (Employment Rights Act 1996). If you’re unsure about your rights or the correct procedure, it’s important to seek advice to avoid misunderstandings or disputes.
For further support and to explore related legal issues – such as dismissal, redundancy, or the end of fixed-term contracts – browse our Additional Resources and Support section. Here, you’ll find information on a wide range of employment topics, helping you understand your options and responsibilities.
Whether you’re planning to resign soon or just want to be prepared, these resources will help you make informed decisions and ensure a smooth transition out of your current role.
