When a job ends, the last working day and the last day of employment may be different. That matters for wages, holiday entitlement, benefits and starting another job. Understanding notice period rights in the UK starts with checking both the legal minimum and the employment contract. Employees and employers cannot simply assume that everyone must work one month.
The rules depend on who ends the relationship. An employee resigning usually owes different notice from an employer dismissing them. Redundancy, garden leave and payment instead of working notice create further distinctions.
How much statutory notice must an employer give?
In England, Scotland and Wales, the statutory notice period for dismissal or redundancy increases with continuous service. The legal minimum is one week after at least one month’s employment but less than two years; one week for each complete year from two to twelve years; and twelve weeks after twelve years or more.
Someone with four years and nine months of service is entitled to at least four weeks’ notice. Someone with fifteen years gets twelve weeks, not fifteen. A contract offering longer notice takes precedence.
Northern Ireland has separate employment legislation, although its basic statutory notice scale is similar. Employees there can check nidirect or the Labour Relations Agency for guidance.
What notice must an employee give when resigning?
Employees with at least one month’s service normally must give at least one week’s notice. If their contract requires four weeks, four weeks is generally required. Someone employed for less than a month has no statutory minimum resignation notice, although contractual terms may still apply.
Check the written statement of employment particulars and any agreed changes. A resignation should identify the proposed last day and follow any requirement to give notice in writing. A dated email provides evidence if the timing is disputed.
An employer can agree to release someone early, but accepting a new job does not cancel contractual notice. Leaving without agreement may breach the contract and lead to a claim for proven losses.
Statutory notice versus contractual notice
Statutory notice is the legal minimum; contractual notice is what the parties agreed. An employer cannot use a shorter contractual term to reduce the statutory minimum. An employee may, however, have to give more than one week’s notice if the contract requires it.
Notice clauses can specify delivery methods, start dates and whether the employer may pay in lieu. One calendar month is not always identical to four weeks, so check the exact wording.
Notice rights are also distinct from unfair dismissal rights. Someone may claim unpaid notice even without sufficient service for an ordinary unfair dismissal claim. Related guidance on unfair dismissal rights can explain the difference.
When does notice start?
A contract may specify the starting point. Otherwise, notice given in person generally begins the following day. Written dismissal notice might not take effect until the employee has had a reasonable opportunity to read it.
For example, if someone resigns on Monday and owes one week’s notice, it normally begins Tuesday unless the contract says otherwise. Confirm the final employment date in writing before agreeing to start another job.
Pay during notice
Employees working notice must receive the wages due for their work. Contractual benefits generally continue while employment remains active. Notice pay is more complicated when hours vary or someone is absent due to sickness, maternity leave or another reason.
Special statutory protections may apply during certain absences, but the calculation depends partly on whether contractual dismissal notice exceeds the statutory period by at least one week. Sick leave does not automatically guarantee full wages throughout extended notice. Request a written calculation if pay changes unexpectedly.
Pay in lieu of notice and garden leave
Payment in lieu of notice
Pay in lieu of notice, or PILON, allows employment to end immediately while the employee receives the required payment. A contract may authorise this. Without a suitable clause, the employer should seek agreement or legal advice rather than assume immediate termination is allowed.
The contract and applicable rules determine the payment and benefits due. Because employment normally ends immediately, holiday generally stops accruing at that point. Notice pay is subject to relevant tax and National Insurance rules, unlike some forms of redundancy compensation.
Garden leave
Garden leave is different. The employee remains employed and receives normal contractual pay and benefits but is told not to perform some or all duties. Confidentiality obligations continue, and the employee normally cannot start another job before notice ends.
For someone joining a competitor, this distinction matters: PILON may end employment immediately, while garden leave may delay the new start date.
Dismissal, gross misconduct and redundancy
Employers generally owe notice even where dismissal follows conduct or performance concerns. Gross misconduct can justify summary dismissal without notice or notice pay, but the employer should still investigate and follow a fair procedure. Earned wages and accrued statutory holiday are not automatically lost.
Redundancy notice uses the same statutory scale but is separate from statutory redundancy pay. Eligible employees may receive both. Someone offered another job during redundancy notice should check formal counter-notice rules before leaving early, because redundancy pay could be affected. Guidance on redundancy pay entitlements can help.
What belongs in final pay?
Final pay may include wages up to the end date, notice pay where due, outstanding overtime or commission, and payment for accrued but untaken statutory holiday. Deductions require a lawful basis; a valid prior written agreement may, for example, cover excess holiday taken.
Ask for an itemised explanation and compare it with payslips, contract terms and holiday records. A final-pay checklist is useful when notice ends partway through a pay period.
Frequently asked questions
Can my employer make me leave immediately after I resign?
They may agree an immediate departure or use a lawful PILON arrangement. Ending employment without notice or payment owed may breach the contract.
Can I take annual leave during notice?
Potentially, subject to holiday-request rules and lawful notice requirements. Untaken statutory holiday normally must be paid when employment ends.
Must I work notice if I am dismissed?
Not always. An employer may require work, use garden leave or lawfully pay in lieu. Gross misconduct is an exception to normal notice requirements.
What if my employer refuses to pay notice?
Request a written explanation, then contact Acas in Great Britain or the Labour Relations Agency in Northern Ireland promptly. Employment claims have strict deadlines.
Final thoughts
Establish three things early: who ends employment, what statutory and contractual notice requires, and whether employment continues during the proposed arrangement. Confirm dates, pay and any early-release agreement in writing. That can prevent costly misunderstandings when a job ends.
