How much notice do I have to give, and how much do I get?
Statutory notice and contractual notice are two different things, and which one applies depends on which is longer and which direction the notice is going.
- Difficulty
- beginner
- Time
- 12 min
- Read
- 3 min
Short answer
Statutory minimum notice from an employer is one week after a month's service, then one week per complete year up to a maximum of twelve. Statutory minimum notice from you is one week once you have a month's service, however long you have been there. Your contract can require more from either side, and if it does, the contract wins.
The asymmetry surprises people. Fifteen years' service entitles you to twelve weeks' notice from your employer, but the law only requires one week from you. Almost every contract for a permanent role improves on the employee side — a month or three months is normal — and that contractual figure is the one that binds you.
Step by step
- Read the notice clause in your contract.It should state a period for each side. If the contract is silent or you never received one, the statutory minimums apply — and a missing written statement is itself a problem worth raising.
- Compare it with the statutory minimum.Whichever is longer applies. A contract cannot reduce notice below the statutory floor, but it can extend it in either direction.
- Work out the date properly.Notice normally runs from the day after it is given, and "a month" means a calendar month unless the contract says otherwise. Get the last working day agreed in writing — it drives final pay, holiday accrual, pension and references.
- Give notice in the form the contract requires.Some contracts require writing. Even where they do not, put it in writing and keep a copy — a short, dated, factual letter or email stating your last day.
- Understand pay in lieu of notice.The employer pays you for the notice period instead of you working it, ending employment immediately. It is only straightforwardly available if the contract contains a PILON clause; without one, terminating early is a breach even if the money is paid. It also has different tax treatment.
- Understand garden leave.You remain employed and paid, but are told not to attend work and often not to contact clients or colleagues. It requires a contractual right, and it is used mainly where someone is going to a competitor. You are still bound by your contract throughout, including confidentiality and exclusivity.
- Expect to take, or be paid for, accrued holiday.Employers frequently require holiday to be taken during notice. They can, with the right counter-notice. Anything untaken at the end is paid in lieu.
- Check what happens if you leave without working notice.It is a breach of contract. In practice most employers do not pursue it, but they can withhold discretionary payments, decline to agree a reference wording, and in rare cases sue for the cost of cover. Agree an early release in writing instead if you need to leave sooner.
Common mistakes
- Resigning verbally and assuming a date is agreed — Leaving dates get disputed. A one-line written confirmation of your last working day removes the whole argument.
- Assuming your employer can always pay you off instead of notice — Without a PILON clause, ending employment immediately and paying the money is a technical breach — which matters if you have contractual benefits that would have vested during notice.
Questions people ask
How much notice do I legally have to give?
One week, once you have been employed for a month, unless your contract requires more. In practice almost every permanent contract requires more, and that figure is the one that binds you.
What is garden leave?
Being kept employed and paid through your notice period while being told not to come to work. It needs a contractual right, and you remain bound by your obligations to the employer throughout.
Can I be sacked without notice?
Only for gross misconduct, which is summary dismissal. In every other case statutory or contractual notice, or pay in lieu of it, is due.