What notice does an NHS consultant give?

3 months under the 2003 Consultant Contract. Some Clinical Director and Medical Director roles have longer contractual notice, typically 6 months. Extended notice is specified in the appointment letter and reflects the operational cost of losing senior clinical leadership at short notice.

Can I continue private practice during NHS notice?

Usually yes, but private practice must not conflict with NHS commitments. PA (programmed activity) allocation should not be reduced without agreement. NHS work must be prioritised during notice. Restrictive covenants may apply to private practice within a defined radius of the trust after leaving.

Are restrictive covenants enforceable on NHS consultants?

Where reasonable in scope, duration and geographic reach, yes. Typical enforceable clauses: no private practice within 5-15 miles of the trust for 6-12 months; no active patient solicitation for 12 months. Overreach clauses (very wide non-compete or very long durations) are usually not enforceable.

What handover is expected on consultant resignation?

Written clinical handover of all active NHS patients under the consultant primary care, named receiving colleagues, notification to referring GPs, completion of outstanding admin, return of trust property, and update of GMC and appraisal records. Failing to complete a proper handover can affect reference position.

Should I take NHS pension advice before resigning?

Yes, particularly for consultants close to retirement age or considering retire-and-return arrangements. Pension timing decisions can be worth tens or hundreds of thousands of pounds. Take advice from a specialist NHS pension adviser (SPPA-registered).

NHS Consultants Notice Periods (2026): 3 Months Standard + Exceptions

The 3-month default

Substantive consultants in the NHS under the 2003 Consultant Contract give and receive 3 months notice. The notice runs in calendar months from the date HR receives the written resignation letter. Working the notice, garden leave and PILON are all options depending on the trust's preference and the terms in the individual contract.

Notice does not have to align with rotation, term or academic year boundaries. Trusts prefer clean start-of-month or end-of-month dates for administrative reasons but the notice period runs from the receipt date regardless.

Extended notice for leadership roles

Clinical Directors, Medical Directors and Deputy Medical Directors are often on longer notice by contract - typically 6 months. This is contractually specified in the appointment letter and reflects the operational cost of losing senior clinical leadership at short notice. Some trusts negotiate 12 months notice for Executive Medical Directors as part of the appointment package.

These extended notice periods interact with any concurrent clinical role (e.g. a Medical Director who is also a consultant surgeon usually has the extended notice apply to both roles together, not separately).

Restrictive covenants

Restrictive covenants are common in NHS consultant contracts, particularly around private practice. Typical clauses:

Non-compete: no private practice within a defined radius (typically 5-15 miles) of the trust for 6-12 months post-termination.
Non-solicit: no active solicitation of NHS or trust private patients for 12 months post-termination.
Non-poach: no active recruitment of trust staff for 12 months post-termination.

Enforceability depends on reasonableness of scope, duration and geographic reach. Overreach clauses (100-mile non-compete for 5 years, for example) are usually not enforceable, but a reasonable 6-month clause in a specialist market with genuine goodwill to protect is usually upheld.

See working for a competitor during notice period for the general framework.

Private practice during notice

Consultants often continue private practice during NHS notice. Practical points:

Private practice must not conflict with NHS commitments during the notice period.
PA (programmed activity) allocation should not be reduced without agreement.
NHS work must be prioritised during notice.
Private-practice colleagues and clinics need to be notified of the leaving date.
Referral pathways for continuing NHS patients must be arranged.

Handover requirements

Consultants have significant handover obligations. Trusts typically expect:

A written clinical handover of all active NHS patients under the consultant's primary care.
A named receiving colleague for each transferred patient.
Notification to referring GPs about the transfer of care.
Completion of outstanding admin (letters, discharge summaries, tribunal reports).
Return of trust property (laptop, ID card, keys, dictaphone).
Update of GMC and appraisal records.
Notification to any research ethics committee or trial oversight for active studies.

Failing to complete a proper handover can affect NHS reference position and, in extreme cases, GMC revalidation.

Pension timing

Consultants are members of the NHS Pension Scheme (2015 Scheme for current joiners; earlier joiners may have preserved rights in the 1995 or 2008 sections). Timing of retirement or leaving affects pension in complex ways:

Normal Pension Age is currently 66-68 depending on personal state pension age; some consultants have protected earlier ages.
The McCloud remedy applies to transitions between the older sections and the 2015 Scheme.
Pension recycling rules apply to consultants who return to NHS work post-retirement.
Retire-and-return arrangements are widely used but tax-inefficient without careful planning.

Take specialist NHS pension advice from a Pension Adviser (SPPA registered) before final leaving date. Costs of specialist advice usually pay for themselves several times over on senior exits.

Negotiating shorter notice

Consultants leaving to take up new NHS or academic posts often negotiate shorter notice. Common approaches:

Direct request to the Medical Director or Chief Executive with a proposed early leaving date.
Explicit handover plan showing the trust is not disadvantaged.
Agreement from the receiving trust or institution to align start dates.
Formal shortened-notice letter through HR confirming the earlier release.

Employers usually accommodate reasonable requests where the handover is complete. Where the departure is to a competitor or where the trust is under-staffed, the request may be refused - in which case the full 3-month notice runs.

PILON, garden leave and settlement

PILON is used sparingly for consultant exits - trusts usually prefer working notice for continuity. Garden leave is common at senior leadership level (Medical Director exits often go straight to garden leave to prevent access to confidential information). Settlement agreements are the standard vehicle for negotiated departures, particularly following disputes or performance issues.

See PILON calculator, garden leave calculator and settlement agreement calculator. For the framework see what is a settlement agreement.

Useful calculators

Related NHS guides

Authority pages

Frequently asked questions

What notice does an NHS consultant give?: 3 months under the 2003 Consultant Contract. Some Clinical Director and Medical Director roles have longer contractual notice, typically 6 months. Extended notice is specified in the appointment letter and reflects the operational cost of losing senior clinical leadership at short notice.
Can I continue private practice during NHS notice?: Usually yes, but private practice must not conflict with NHS commitments. PA (programmed activity) allocation should not be reduced without agreement. NHS work must be prioritised during notice. Restrictive covenants may apply to private practice within a defined radius of the trust after leaving.
Are restrictive covenants enforceable on NHS consultants?: Where reasonable in scope, duration and geographic reach, yes. Typical enforceable clauses: no private practice within 5-15 miles of the trust for 6-12 months; no active patient solicitation for 12 months. Overreach clauses (very wide non-compete or very long durations) are usually not enforceable.
What handover is expected on consultant resignation?: Written clinical handover of all active NHS patients under the consultant primary care, named receiving colleagues, notification to referring GPs, completion of outstanding admin, return of trust property, and update of GMC and appraisal records. Failing to complete a proper handover can affect reference position.
Should I take NHS pension advice before resigning?: Yes, particularly for consultants close to retirement age or considering retire-and-return arrangements. Pension timing decisions can be worth tens or hundreds of thousands of pounds. Take advice from a specialist NHS pension adviser (SPPA-registered).

Sources and further reading

NHS Employers: Consultant Contract 2003 — The consultant contract terms and conditions.
BMA: Consultant contract — BMA guidance on the consultant contract.
NHS Pensions — NHS Pension Scheme reference.
General Medical Council — Medical register and revalidation.
Royal College of Physicians: Consultant careers — Professional body guidance.

General information about NHS notice, not personal advice. For your situation, contact the NHS Staff Council, your trust HR or your professional body.