Notice Periods #

[Updated 13/01/2025]

Notice Periods ~/

Minimum periods are set by statute but an employer may give and require longer periods than the statutory periods of notice.

Always check your written particulars/statement of terms for your notice periods

Notice and Pay to be Given to an Employee ~/

Statutory entitlement is based upon the length of continuous service with the employer:

–  Under 1 month’s service – no statutory notice requirement
–  Between 1 month and up to 2 year’s service  = notice of 1 week
–  2 year’s continuous service = notice of 2 weeks
–  3 year’s continuous service = notice of 3 weeks
–  4 year’s continuous service = notice of 4 weeks

After 2 years service, the notice period increases by 1 week for each complete year of continuous service until the maximum notice entitlement is reached of 12 weeks for 12 or more years continuous service.

The maximum amount of statutory notice pay that an employer would have to pay to an individual with 12 years of continuous service would be = £8,400 (£7,716) i.e. 12 weeks pay capped at £700 a week.

Tip – remember the minimum notice period in your terms of employment may be out of date simply because it states the notice period to be given when the individual started and thus will not reflect the fact that the individual may have worked more years of service.

Exceptions to the Above Periods

In some circumstances, the conduct of the employee may be so serious in terms of act or omission of an employee that it warrants being treated as gross misconduct or gross negligence. In such a case, provided the employer has communicated a contractual term to that effect to staff, and is well satisfied that the facts and evidence are clear of such a major breach, the employer may dismiss without notice and without pay.

Statutory Notice Period to be Given to an Employer

The individual’s contract/written particulars of employment may set out the required notice periods which the employee is required to give to his/her employer to resign. Check what period is specified. An employee should give that period.

If the contract/written particulars of employment do not mention a period of notice then you should give at least the statutory minimum notice period whch is

–  Under one month’s continuous service = no period of notice required.
–  One month or more of continuous service = notice of 1 week.

Tip – if you wish to maintain goodwill with your employer, the latter will probably appreciate being given a longer period to make arrangements to cover your role.