Notice Periods: How Much Notice Must Your Employer Give?
When your employment ends, your employer must give you a minimum period of notice before your last working day, unless you are being dismissed for gross misconduct. Your contract may give you more than the legal minimum, so it pays to check both.
- ✓Statutory notice: 1 week per year of service, capped at 12 weeks
- ✓No statutory notice required under 1 month; 1 week from 1 month to 2 years
- ✓Whichever is greater applies, statutory minimum or your contract
- ✓PILON is fully taxable as employment income since April 2018
- ✓Dismissal without notice (not gross misconduct) is wrongful dismissal, claimable from day one
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Statutory minimum notice periods
The law sets minimum notice periods that all employees are entitled to, regardless of what their contract says. The statutory minimum is based on length of service:
| Length of continuous employment | Minimum notice from employer |
|---|---|
| Less than 1 month | None required |
| 1 month to 2 years | 1 week |
| 2 years | 2 weeks |
| 3 years | 3 weeks |
| 4 years | 4 weeks |
| 5 years | 5 weeks |
| 6 years | 6 weeks |
| 7 years | 7 weeks |
| 8 years | 8 weeks |
| 9 years | 9 weeks |
| 10 years | 10 weeks |
| 11 years | 11 weeks |
| 12 or more years | 12 weeks (maximum statutory) |
Notice you must give your employer
You also have a minimum notice obligation to your employer when you resign:
- ✓Statutory minimum notice from employee: 1 week (after 1 month of employment)
- ✓This applies regardless of length of service, there is no escalating scale for employee notice
- ✓Your contract may require more, typically 1 month, 3 months, or 6 months for senior roles
- ✓If you give less than your contractual notice, your employer may attempt to claim damages for any losses caused
- ✓In practice, most employers accept shorter notice without legal action, but be aware of the risk
Contractual notice, what your contract may say
Your employment contract almost certainly specifies a notice period. This will usually be longer than the statutory minimum:
- ✓Your contract notice period applies if it is longer than the statutory minimum
- ✓Common contractual notice periods: 1 month (most employees), 3 months (management), 6 months (senior staff/directors)
- ✓If your contract says less than the statutory minimum, the statutory minimum applies, it cannot be contracted out
- ✓If your contract is silent on notice, the statutory minimum applies
- ✓Probationary periods: your contract may specify a shorter notice period during probation, this is common and lawful as long as it's at least the statutory minimum
Payment in lieu of notice (PILON)
Instead of requiring you to work your notice period, your employer may pay you a lump sum, known as payment in lieu of notice (PILON):
- ✓PILON ends your employment immediately, you do not need to attend work
- ✓You receive a lump sum equivalent to your salary and benefits for the notice period
- ✓If your contract includes a PILON clause, your employer can exercise it at any time
- ✓Since April 2018, all PILON is taxable as employment income, even if described as compensation
- ✓Holiday pay accrued but not taken up to the termination date must also be paid
- ✓Some benefits (bonus, commission, car allowance) may or may not be included in PILON, check your contract
What if your employer dismisses you without notice?
If your employer dismisses you without notice (and without paying PILON), and the dismissal is not for gross misconduct, you have a claim for wrongful dismissal:
- ✓Wrongful dismissal is a breach of contract claim, it is separate from unfair dismissal
- ✓You can claim the value of your notice period, salary and benefits you should have received
- ✓Wrongful dismissal claims can be brought from day one of employment, no qualifying period
- ✓Claims up to £25,000: can be brought in the Employment Tribunal (free)
- ✓Claims over £25,000: must be brought in the County Court or High Court
- ✓Time limit: 3 months (Employment Tribunal) or 6 years (County Court) from the breach
Garden leave during your notice period
Your employer may require you to stay at home during your notice period rather than come to work, this is called garden leave. You must still be paid in full:
- ✓Garden leave requires a contractual basis, your contract must allow your employer to place you on garden leave
- ✓During garden leave, you remain employed and receive full pay and benefits
- ✓Your employer can prevent you from working for a competitor during garden leave
- ✓Time spent on garden leave often counts toward reducing post-termination restrictions (non-competes)
- ✓See our Garden Leave guide for full details
Notice and redundancy
Notice pay is separate from and in addition to redundancy pay:
- ✓If made redundant, you are entitled to both your notice period AND your statutory (or enhanced) redundancy pay
- ✓Statutory redundancy pay is calculated on your weekly pay (capped at £751/week, 2026/27)
- ✓Your notice pay is based on your actual contractual weekly pay, no cap
- ✓If your employer fails to give you adequate notice during redundancy, you can claim the shortfall as wrongful dismissal
- ✓Redundancy pay uses a different formula from notice pay, see our Redundancy guide
Notice pay and illness
- ✓If you are off sick during your notice period, you are entitled to your full contractual pay, not just Statutory Sick Pay, for the duration of your notice (if contractual notice is not much more than statutory notice)
- ✓Specifically: if your notice period is the statutory minimum or up to 1 week more, you receive full pay during illness during notice
- ✓If your contractual notice is much longer (e.g. 6 months), and you are sick, your employer may be able to pay SSP during notice in some cases
- ✓This is a complex area, seek advice if you are off sick and approaching the end of employment
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A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
How much notice must my employer give me?
The statutory minimum is 1 week for each full year of continuous employment, up to a maximum of 12 weeks. For example: 3 years' service = 3 weeks' minimum notice. Your employment contract may give you more, whatever is greater (statutory or contractual) applies. Notice must be given in writing, though some contracts allow verbal notice.
Can I be dismissed without notice?
Only in cases of gross misconduct, conduct so serious it fundamentally destroys the employment relationship. Even then, the dismissal must follow a fair procedure (investigation and hearing). In all other cases, you must receive either your notice period to work, or payment in lieu of notice (PILON). Dismissal without notice or PILON (other than for gross misconduct) is wrongful dismissal.
What is payment in lieu of notice (PILON)?
PILON is a lump sum payment instead of requiring you to work your notice period. Your employment ends immediately and you receive pay for the notice period. Since April 2018, all PILON is taxable as employment income. Your employer can only exercise a PILON option if your contract includes a PILON clause, otherwise it is a breach of contract, even if they pay you the money.
What can I do if my employer doesn't give me proper notice?
You can bring a wrongful dismissal claim in the Employment Tribunal (for amounts up to £25,000) or the County Court. Wrongful dismissal is a breach of contract claim for the notice period you should have received. There is no qualifying period, you can bring this claim from day one of employment. The time limit is 3 months for the Employment Tribunal or 6 years for the County Court.
Is notice pay taxable?
Yes. Notice pay (whether worked or paid as PILON) is taxable as employment income. If you are given a contractual PILON, it is subject to income tax and National Insurance in full. Even non-contractual PILON became fully taxable after April 2018. This is different from ex-gratia redundancy payments, where the first £30,000 can be tax-free.
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