When you resign or are dismissed, your notice period matters. This guide explains your pay entitlements, whether your employer can change your duties, and what happens if you are asked to leave early.
When employment ends — whether by resignation or dismissal — notice periods kick in. Most employees have questions about what they are actually entitled to during their notice period, whether they have to work it, and what their employer can legally require.
A notice period is the time between an employee giving or receiving notice of termination and the date the employment actually ends. It exists to give both sides time to plan — the employee to find a new job, the employer to find a replacement.
There are two sources of notice entitlement:
Section 86 of the ERA 1996 sets minimum notice periods:
| Length of continuous service | Employer must give |
|---|---|
| Less than 4 weeks | No statutory minimum |
| 4 weeks to 2 years | 1 week |
| 2–3 years | 2 weeks |
| 3–4 years | 3 weeks |
| ... and so on | 1 week per year |
| 12 or more years | 12 weeks (maximum statutory) |
For employee to employer notice: 1 week minimum (once past the 4-week qualifying period), regardless of length of service — unless the contract specifies more.
Your employment contract may provide a longer notice period (e.g. 3 months from either side). Contractual notice overrides statutory minimum if it is longer. If the contract provides less than the statutory minimum, the statutory minimum applies regardless.
During your notice period you are entitled to your normal pay — including:
If you are dismissed and not required to work your notice period, you are entitled to pay in lieu of notice (PILON) — the pay you would have received had you worked the full notice period. Some contracts include an express PILON clause; others require it to be calculated on actual loss.
Your employer can place you on garden leave during your notice period — requiring you to stay away from the workplace, not contact clients or colleagues, and not start a new job. You remain employed and continue to receive full pay and benefits, but you are not working.
Garden leave is used to protect the employer's confidential information and client relationships during the notice period. See our Garden Leave UK guide for more detail.
Generally, no — your contract does not change during the notice period. Your employer cannot:
If they do, this could amount to a breach of contract entitling you to claim wrongful dismissal (if you are dismissed) or to treat the contract as repudiated and resign (if the change is serious enough to be a fundamental breach).
If you have given notice to resign and your employer then dismisses you during that notice period — without cause — you are entitled to the remainder of your notice pay. The dismissal cannot cut short your notice entitlement.
If your employer terminates your employment without notice and without a contractual right to do so, that is wrongful dismissal — a breach of contract. You can bring a claim for your notice pay in:
If you are being made redundant, your notice period still applies. Your employer must give you notice (or pay in lieu) on top of your statutory redundancy pay — these are separate entitlements. Use our Redundancy Pay Calculator to check what you are owed.
If you simply leave without working your notice period, you are in breach of contract. Your employer can:
They cannot prevent you from starting a new job — restraint of trade in this form is generally unenforceable. But be cautious about any post-termination restrictions in your contract (non-competes, non-solicitation clauses).
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Find your statutory minimum notice period under ERA 1996.
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