22/05/2025

If you’re planning to resign from your job – or you’re an employer looking to terminate an employment contract – knowing the correct notice period is essential. Giving proper notice helps maintain professionalism and ensures legal compliance under UK employment law.

When employees choose to move on, employers often lean towards wanting as much notice as possible, yet when ending the employment is the employer’s choice, we can see them trying to minimise the notice period.

The truth is, you can’t have it both ways and there are rules around how much notice is required with statutory notice taking precedence.

This blog covers everything you need to know about UK notice periods, including statutory minimums, contractual obligations, payment in lieu of notice (PILON) and garden leave.

What is a notice period?

A notice period is the amount of time an employee or employer must give before ending the employment relationship. Notice periods are either:

• Contractual notice periods (defined in the employment contract)
• Statutory notice periods (the legal minimum required by UK law)

If there’s no notice period specified in your employment contract, statutory notice periods apply by default.

Notice period for employees: How much notice should you give?

Contractual notice period

Most employment contracts specify the notice period required. This can vary but is often:

• One week,
• One month, or
• Three months.

Always check your contract before handing in your resignation. Although it is best to check this term before you even sign the contract!

Statutory minimum notice for employees

If your employment contract doesn’t mention a notice period, the legal minimum notice you must give is:

• One week if you’ve worked for one month or more.
• No minimum notice if you’ve worked for less than one month, although reasonable notice is still expected

Giving more notice than required is often appreciated and maintains a positive professional relationship.

Notice period for employers: What are the employer’s obligations?

Contractual Notice Period

Employers must refer to the employment contract when dismissing staff. However, they cannot provide less than the statutory minimum notice. The contract does not override the legal minimums employees are entitled to.

Statutory minimum notice for employers

If not specified in the contract, the statutory notice period employers must give is:

• One week for employees with 1 month to 2 years of service.
• One week for every full year of continuous employment (up to a maximum of 12 weeks).

Payment in Lieu of Notice (PILON)

Payment in Lieu of Notice (PILON) is when the employer ends employment immediately but pays the employee for the notice period. This is commonly used in dismissals or redundancy. It means the employee doesn’t have to work the notice period but they are still paid for it.

It’s worth noting that PILON must be allowed by the employment contract or mutually agreed, the employee does not work during the notice period and, like regular income, PILON is taxable. All entitlements will stop on the termination date and the employee will not be entitled to holiday pay or pension contributions during what would have been their notice period, unless expressly agreed between the employee and the employer.

What Is garden leave?

Garden leave is when an employee is instructed to stay away from work during their notice period but remains on full pay.

Why employers use garden leave:

• Prevent the employee from accessing confidential information.
• Restrict them from starting a new job immediately and in turn make their knowledge of company activities out-of-date.
• Avoid disruption to the workplace.

Can notice periods be waived?

Yes. If both employer and employee agree, the notice period can be waived or shortened. This agreement should always be confirmed in writing to avoid misunderstandings.

Need advice on an employment matter?

Understanding how much notice to give or expect is critical for both employees and employers. Whether it’s a resignation, redundancy, or termination, following the correct notice procedure helps avoid legal issues and maintains professional integrity.

If you require advice on this or any other employment law matter, whether as an employer or an employee, please contact our employment law team on 01782 205000, 0161 929 8494 or by emailing enquiry@beswicks.com.