Statutory Notice Period Calculator
Notice from employer
3 weeks
Notice from employee
1 week
How this is calculated
Under section 86 of the Employment Rights Act 1996, an employer must give at least 1 week's notice after 1 month's service, then 1 week per complete year of service after 2 years, capped at 12 weeks. Employees owe at least 1 week's notice after 1 month's service.
Contractual notice may be longer, the higher of statutory and contractual applies.
In-depth guidance
Notice periods: statutory minimums and contractual terms
Section 86 of the Employment Rights Act 1996 sets a floor for notice. The contract can improve on it but never reduce it. Getting notice wrong turns an otherwise fair dismissal into a wrongful dismissal claim.
Statutory minimum notice
| Continuous service | Notice from employer | Notice from employee |
|---|---|---|
| Less than 1 month | None under statute | None under statute |
| 1 month to under 2 years | 1 week | 1 week |
| 2 years to 12 years | 1 week per complete year | 1 week |
| 12 years or more | 12 weeks (the cap) | 1 week |
Employees only ever owe one week under statute, however long they have served. If you want longer notice from senior staff, it must be written into the contract and kept reasonable, because unreasonably long notice is hard to enforce in practice.
Serving notice properly
- Put it in writing and state the termination date, not just the length.
- Check when the contract says notice takes effect: on posting, on delivery, or on receipt.
- Notice does not start on the day it is given unless the contract says so, so count from the following day where the contract is silent.
- Confirm whether notice will be worked, spent on garden leave, or paid in lieu.
- Set out final pay, accrued holiday, benefit end dates and the return of company property in the same letter.
Pay during notice
- Where the contractual notice is at least one week longer than the statutory minimum, ordinary contractual pay rules apply, so an employee on unpaid sick leave may receive nothing.
- Where contractual notice equals or is less than one week above the statutory minimum, the employee is entitled to full pay during notice even if they are sick, on maternity leave, or laid off.
- Holiday continues to accrue during worked notice and garden leave.
- Payment in lieu is taxable in full as post-employment notice pay.
Summary dismissal
The only situation where no notice is due is a genuine gross misconduct dismissal following a fair process. Getting that wrong gives the employee a wrongful dismissal claim for the notice value on top of any unfair dismissal claim.
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