Notice Periods UK: Statutory Minimums (s.86)
Notice periods in UK employment are set by law, not just by contract. Section 86 of the Employment Rights Act 1996 fixes the statutory minimum both an employer and an employee must give, and no contract can go below it.
Statutory minimum notice: the law behind it
Section 86 of the Employment Rights Act 1996 sets a floor, not a fixed number. It applies once an employee has been continuously employed for one month. Below that threshold, the Act itself does not require any notice, though a contract may still promise some. Once the one-month mark is passed, the employer's minimum notice grows with service, while the employee's minimum notice stays fixed at one week regardless of how long they have worked there. These are legal minimums only; many contracts specify longer periods, particularly for senior or long-serving staff.
How much notice an employer must give
The employer's statutory minimum rises by one week for every complete year of service, up to a maximum of 12 weeks once the employee has 12 or more years' service. The table below shows the statutory floor at each stage.
| Length of continuous service | Statutory minimum notice from employer |
|---|---|
| Less than 1 month | None required by statute |
| 1 month to under 2 years | 1 week |
| 2 complete years | 2 weeks |
| 3 complete years | 3 weeks |
| 4 complete years | 4 weeks |
| 5 complete years | 5 weeks |
| ... (1 week per complete year) | ... |
| 12 or more complete years | 12 weeks (capped) |
The cap means a 12-year employee and a 30-year employee both get the same 12-week statutory minimum. A contract can promise more than this, but never less.
How much notice an employee must give
An employee's statutory minimum notice to resign is at least one week once they have one month's continuous service. Unlike the employer's obligation, this does not increase with length of service; it stays at one week no matter how long someone has worked for the employer. Many contracts of employment set a longer notice period for the employee too, particularly at management level, and where that is agreed in writing it is enforceable provided it does not undercut the statutory minimum in the other direction.
Pay during notice
During the notice period, an employee is normally entitled to their normal pay for any time they are ready and willing to work, whether or not the employer actually provides work. Statutory notice pay rules also protect this entitlement in situations that would otherwise reduce pay, including where the employee is off sick or on maternity leave during their notice period; in those cases they are still entitled to at least their normal average pay for the notice period, not a reduced sick-pay or maternity-pay rate. Contractual notice pay terms can be more generous but not less.
Payment in lieu of notice (PILON) vs garden leave
Employers sometimes end employment before the notice period is worked, using one of two different mechanisms.
- PILON (payment in lieu of notice): employment ends immediately, and the employer pays a sum covering what the employee would have earned during the notice period. Whether PILON is available depends on the contract and how it is taxed depends on the circumstances.
- Garden leave: the employee remains employed and continues to be paid throughout the notice period, but is told not to attend work or to carry out normal duties. This keeps restrictive covenants and confidentiality obligations running for longer than PILON does, which is why employers with senior or sensitive roles often prefer it.
A full comparison of when each is used, and how they interact with restrictive covenants, is covered on the garden leave and PILON page.
Notice, redundancy and dismissal
Statutory notice applies whenever employment ends by resignation, dismissal, or redundancy, not just resignation. Where redundancy is the reason, notice runs alongside (and is separate from) any statutory redundancy payment the employee may also be owed; see the statutory redundancy pay and redundancy pay pages for how that calculation works. Where a dismissal is disputed, whether proper notice was given (or paid in lieu) can be relevant to an unfair dismissal claim, though notice and unfair dismissal are legally separate issues.
Estimate your notice period
The statutory formula in this article can be applied directly to work out an employer's minimum notice. Use the UK notice period calculator to estimate the statutory minimum based on length of service; it mirrors the s.86 formula but does not replace checking the actual contract, which may specify a longer period.
Northern Ireland
Northern Ireland has its own employment legislation rather than the Employment Rights Act 1996, but the statutory minimum notice provisions are near-identical in substance to the GB rules described above. Disputes in Northern Ireland go to the Industrial Tribunal (and, for discrimination-type claims, the Fair Employment Tribunal), not the Employment Tribunal used in Great Britain, and the enforcement and conciliation body is the Labour Relations Agency (LRA) rather than ACAS.
This article is for general information only and is not legal advice. Notice period rules can depend on the specific wording of an employment contract, so anyone facing a dismissal, redundancy, or resignation dispute should check their contract and consider independent advice from ACAS, Citizens Advice, or a solicitor. For the full picture of UK employment rights, see the UK Employment Law hub and the United Kingdom hub.
Frequently Asked Questions
What is the statutory minimum notice period in the UK?
Under s.86 Employment Rights Act 1996, an employer must give at least 1 week's notice once an employee has 1 month's service, rising to 1 week per complete year of service up to a maximum of 12 weeks. An employee must give at least 1 week's notice once they have 1 month's service.
Does notice increase the longer an employee has worked there?
Yes, but only for the employer's notice to the employee. It rises by one week per complete year of service, capped at 12 weeks once the employee has 12 or more years' service. The employee's notice to resign stays at a flat 1 week regardless of length of service, unless the contract says otherwise.
Can my contract require less notice than the statutory minimum?
No. A contract can require more notice than the statutory minimum set by s.86, but it can never lawfully require less. If a contract specifies a shorter notice period than the statutory minimum, the statutory minimum still applies.
Do I get paid during my notice period?
Normally, yes. An employee is entitled to their normal pay during notice, and statutory notice pay rules protect this even if the employee is off sick or on maternity leave during the notice period, so pay does not drop to a reduced sick-pay or maternity-pay rate for that period.
What is the difference between PILON and garden leave?
Payment in lieu of notice (PILON) ends employment immediately, with the employer instead paying a sum covering the notice period. Garden leave keeps the employee employed and paid for the whole notice period, but the employer tells them not to come to work or carry out duties.
Does notice work the same way in Northern Ireland?
Northern Ireland has separate employment legislation, but the statutory minimum notice rules are near-identical in substance to Great Britain. Claims go to the Industrial Tribunal rather than the Employment Tribunal, and the relevant enforcement body is the Labour Relations Agency (LRA) rather than ACAS.
Is there a minimum length of service before any statutory notice applies?
Yes. The s.86 statutory minimums only start once an employee has 1 month's continuous service. Before that point, the Act does not set a statutory minimum, though a written contract may still promise notice from day one.
Does redundancy notice work differently from resignation notice?
The statutory minimum notice period itself is calculated the same way regardless of whether employment ends by resignation, dismissal, or redundancy. Redundancy notice runs separately from, and alongside, any statutory redundancy payment the employee may also be entitled to.
Sources and References
- Employment Rights Act 1996, section 86 (notice periods)(legislation.gov.uk).gov
- gov.uk: Handing in your notice(gov.uk).gov
- gov.uk: Dismissal(gov.uk).gov
- ACAS: Notice periods(acas.org.uk)
- nidirect: Giving or getting notice at your job (Northern Ireland)(nidirect.gov.uk).gov