UK · Notice periods

Statutory notice period UK

Statutory notice is the legal minimum notice period either side must give. From the employer: one week between one month and two years of service, then one week per year up to a twelve-week cap. From the employee: one week from one month of service. Your contract almost always sets a longer figure which overrides these minimums.

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The statutory minimum from the employer

Section 86(1) of the Employment Rights Act 1996 sets the notice an employer must give:

  • Less than one month of service: no statutory notice required.
  • One month to two years: one week.
  • Two to twelve years: one week per full year of service.
  • Twelve years or more: twelve weeks (the cap).

The service is measured in continuous full years at the date of dismissal. Partial years do not round up.

The statutory minimum from the employee

Section 86(2) sets the notice an employee must give: one week, once one month of continuous service has been completed. Below one month no statutory notice applies (you can leave immediately without breaching statute, although the contract may still be breached).

The employee-side minimum is deliberately simple. UK Parliament’s policy is that notice from an employee is essentially a courtesy backed by contract, not a heavy statutory obligation.

Contractual notice overrides

Section 86(3) makes clear that a longer contractual notice takes effect where the contract provides one. In practice, this is what almost always applies:

  • Most UK professional roles have contractual notice of one to three months.
  • NHS Bands 1 to 4 have one month contractual notice; Bands 5 to 9 have three months.
  • Consultants, senior civil service and military-officer contracts often use six months or longer.

Read your contract before relying on statutory. In most cases the statutory minimum is a floor you never hit; the contractual figure is the effective notice.

Worked examples

Statutory-only scenarios (rare in professional employment):

  • Employee dismissed after 3 months of service, contract silent on notice: statutory 1 week applies.
  • Employee dismissed after 5 years of service, contract silent on notice: statutory 5 weeks applies.
  • Employee dismissed after 20 years of service, contract silent on notice: statutory 12 weeks applies (capped).
  • Employee resigns after 5 years of service, contract silent on notice: statutory 1 week applies (employee-side minimum).

Contractual-overriding scenarios (the norm):

  • NHS Band 5 nurse with 5 years of service resigns: 3-month contractual notice applies. Statutory 5 weeks is superseded.
  • Senior manager with 20 years of service, 6-month contractual notice: 6 months applies. Statutory 12 weeks is superseded.

Use the notice period calculator or final working day calculator to work out the exact end date for any notice length.

Statutory notice and probation

Probation is a contractual construct, not a statutory one. UK statute makes no special provision for probation notice. The contractual probation notice (usually one week to one month) is the operative figure, with statutory minimum applying as a floor once one month of service is completed.

For the detail on probation notice see probation period notice period. For NHS probation specifically see NHS probation period.

What happens if less than statutory is given?

Where an employer purports to terminate with less than the statutory minimum notice, three remedies apply:

  • Damages for wrongful dismissal. The employee can sue for the pay they would have received during the unworked statutory (or contractual) notice, less any earnings from new employment during that period.
  • Unlawful deduction of wages. Where the notice was purportedly given but not paid, section 13 ERA 1996 provides a wages-claim route at tribunal.
  • Unfair dismissal. Where the dismissal itself was procedurally unfair (two years of service required), the compensatory award may include lost earnings for the notice period plus more.

The exception is summary dismissal for gross misconduct, which permits termination without notice. Even then the tribunal expects a fair process; see gross misconduct dismissal for the detail.

Statutory notice and PILON

Payment in lieu of notice (PILON) pays the notice period as a lump sum rather than having it worked. Whether the employer can give PILON depends on the contract:

  • Express PILON clause: yes, at the employer’s discretion.
  • No PILON clause: only by mutual agreement. Without agreement, PILON is a breach of contract entitling the employee to damages.

Since April 2018, PILON is always taxed as earnings under the PENP rules (post-2018 Finance Act change), regardless of contract drafting. See PILON tax for the calculation and PILON calculator for the gross figure.

Statutory notice and garden leave

Garden leave (paid to stay home during notice) requires a contractual clause. It does not affect the statutory notice length. The employee remains employed for the full notice period; they simply do not attend work. Confidentiality and non-compete obligations continue in force.

For the detail see garden leave explained and the garden leave calculator.

Statutory notice and redundancy

In redundancy the employer must give the contractual notice or the statutory minimum, whichever is longer. The notice is separate from statutory redundancy pay: notice pay is for the transition period, redundancy pay is the lump-sum entitlement.

For the detail see redundancy rights UK, the redundancy notice period calculator and the redundancy pay calculator.

Sector-specific statutory notice

Some UK sectors have distinct notice arrangements set by collective agreements or statutory instruments rather than section 86 alone. Notable examples:

Useful calculators

Related guides

Frequently asked questions

What is the statutory notice period in the UK?
The UK statutory minimum notice is set by section 86 of the Employment Rights Act 1996. From the employer, it is one week between one month and two years of service, one week per year between two and twelve years, and twelve weeks after twelve years (capped). From the employee, it is one week from one month of service. These are minimums; the contractual notice usually exceeds them.
Does statutory notice apply during probation?
Yes once you have completed one month of continuous service. Below one month, no statutory notice applies. Contractual probation notice (usually one week or one month) almost always exceeds the statutory minimum, so the statutory rule rarely bites in practice during probation. Where the contract is silent, statutory is the fallback.
Can my employer give less than statutory notice?
No, other than for gross misconduct which permits summary dismissal without notice. Where an employer purports to terminate with less than the statutory minimum, you can claim damages equal to the shortfall as a breach of contract claim through the tribunal or a wages claim under section 13 ERA 1996.
Can I give less than statutory notice as an employee?
Technically yes because the employee-side minimum is only one week. In practice your contractual notice will apply and giving less breaches the contract. The employer can sue for losses (rare in practice for junior roles) and it damages the reference position.
How does statutory notice interact with PILON?
PILON pays the notice period as a lump sum rather than working it. The value equals the basic pay you would have earned. Since April 2018, PILON is always taxed as earnings under the PENP rules regardless of whether the contract has a PILON clause.

Sources and further reading

General information about UK statutory notice, not legal advice. Specifics depend on your contract. For your situation, contact ACAS or an employment-law solicitor.