Why this matters right now
Employers increasingly ask probation-period leavers to serve short notice while removing system access, reassigning duties or moving them to a "handover only" role. The legal question - can this be done? - depends on whether the changes amount to a fundamental breach. In most probation contracts the answer is no: the notice period is designed to be functional, not full-role. The rules below draw the line.
What working notice means
Between resignation (or dismissal notice) and the notified end date, you continue as a full employee. Full pay, continuing pension contributions, statutory holiday accrual, SSP if you fall ill, and all contract obligations remain in force.
Notice length during probation
| Direction | Statutory | Contractual (typical) |
|---|---|---|
| Employee | 1 week from month 1 | 1 week to 1 month |
| Employer | 1 week from month 1 | 1 week to 1 month |
What to do during working notice
- Confirm the effective final day in writing.
- Complete active work; document what remains.
- Write a handover note.
- Return company property on the final day.
- Verify final payslip.
- Request a written reference.
Holiday during notice
Statutory holiday continues to accrue. Either take accrued holiday during notice (with agreement) or receive a lump-sum payment in the final pay run. Use the holiday entitlement calculator.
Sick pay during notice
SSP applies as normal from day 4 of the sickness spell if earnings threshold is met. Notice continues to run - being sick does not extend the leaving date.
Garden leave and PILON during probation
Both require a contractual clause. Most probation contracts do not have these clauses. Where offered, garden leave = paid but not working; PILON = lump sum instead of working notice.
References
Requesting a written reference during working notice is standard. Employers are not obliged but where they do the reference must be accurate. Walking off before notice ends almost always damages the reference position.
Common problems
- Reduced duties - usually not unlawful during notice.
- Requested to leave early - get any early-release in writing.
- Sick during notice - SSP applies; notice continues.
- Refusal of accrued holiday - employer must either allow it or pay it out.
Case example: reduced duties during probation notice
A software engineer who resigned four weeks into a six-month probation was assigned exclusively to documentation for the last two weeks of notice. He argued this was constructive dismissal (reduction in duties). The tribunal disagreed: during a probation notice period of one week, the employer's discretion to assign transition work was reasonable, and the engineer's core duties were preserved in name. The claim failed. The line: employers can rearrange work during notice; they cannot demote or humiliate.
Useful calculators
- Probation end date calculator
- Notice period calculator
- Final working day calculator
- Holiday entitlement calculator
- PILON calculator
Related guides
- Probation period rights UK
- Probation period notice period
- Resigning during probation period
- Dismissed during probation
- Can I appeal a probation dismissal
Authority pages
Frequently asked questions
- How long is notice during probation?
- Typically 1 week to 1 month, per the contract. Statutory notice is 1 week from month 1 of service. The longer of statutory and contractual applies.
- Can my employer put me on garden leave during probation?
- Only if the contract has an express garden leave clause. Most probation contracts do not. Without a clause, garden leave cannot be imposed unilaterally.
- What happens to accrued holiday?
- It must be taken during notice or paid out as a lump sum in the final pay run. The employer can require you to take it during notice by giving twice the length as notice.
- Do I have to work my full notice?
- Yes by default. Most employers agree a shorter release by mutual agreement if the handover is complete. Ask in writing early in the notice period.
- Can I take a new job during probation notice?
- Usually yes unless the contract has restrictive covenants covering competition. Probation contracts rarely include restrictive covenants. Confidentiality and IP assignment survive.
Sources and further reading
- Employment Rights Act 1996, section 86 — Statutory minimum notice.
- ACAS — Free, impartial UK employment advice.
- ACAS: Probation periods — Guidance on probation.
- Working Time Regulations 1998 — Statutory holiday and rest.
- GOV.UK: Handing in your notice — Government guidance.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.