The law sets a statutory minimum notice period employers must give when dismissing an employee, scaling up with length of service, though many contracts specify a longer notice period than the legal minimum. This guide explains the rules for 2026/27.
The Statutory Minimum Scale
By law, an employer must give at least one week’s notice once an employee has been continuously employed for one month or more, rising to one week’s notice for each complete year of service up to a maximum of twelve weeks once the employee has been employed for twelve years or more.
These are legal minimums, not fixed entitlements that apply regardless of the contract — an employment contract can specify a longer notice period than the statutory minimum, in which case the longer contractual notice generally applies instead.
Notice From the Employee, and Pay in Lieu
The statutory minimum notice an employee must give their employer when resigning is generally just one week once they have a month or more of service, regardless of how long they have worked there, though again a contract can specify a longer period.
Instead of requiring someone to work their notice, an employer can choose to pay in lieu of notice (PILON), ending employment immediately while paying the employee what they would have earned during the notice period — whether tax is due on this in full or with some relief depends on the specific circumstances and contractual terms.
Contractual vs Statutory Notice
Where a contract specifies a notice period longer than the statutory minimum, the contractual period generally takes precedence, but the statutory minimum acts as an absolute floor — an employer cannot lawfully give less notice than the statutory minimum even if the contract, unusually, specified a shorter period.
During any notice period, whether contractual or statutory, an employee generally continues to accrue rights such as holiday and, in many circumstances, is entitled to normal pay even if not required to actually attend work (sometimes called garden leave).
Frequently Asked Questions
How much notice must my employer give me?
At least the statutory minimum — one week after a month or more of service, rising by one week for each complete year of service up to a maximum of twelve weeks after twelve years or more — unless your contract specifies a longer period, in which case the longer contractual notice generally applies.
How much notice do I have to give if I resign?
The statutory minimum for an employee resigning is generally one week once you have a month or more of service, though your contract may specify a longer notice period that you are expected to follow instead.
Can my employer pay me instead of making me work my notice?
Yes, this is called pay in lieu of notice (PILON) — your employment ends immediately, but you are paid what you would have earned during the notice period, and how this payment is taxed depends on your contract and the specific circumstances.
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Is the statutory minimum notice period the maximum I could ever be entitled to?
No — it is a legal floor, not a ceiling. Many contracts, particularly for more senior roles, specify a notice period considerably longer than the statutory minimum, and where they do, the longer contractual period generally applies instead.
Do I still accrue holiday during my notice period?
Generally yes — whether you are actively working, on garden leave, or being paid in lieu, holiday and other contractual benefits typically continue to accrue during a notice period in the same way as during normal employment, subject to the specific terms of your contract.
What happens if my employer does not give me the correct notice?
If you are given less than your statutory or contractual notice entitlement without a lawful reason (such as agreed pay in lieu), this can amount to a breach of contract or wrongful dismissal, potentially entitling you to a claim for the pay you would have received during the shortfall in notice.
Does gross misconduct remove the right to statutory notice?
Yes — where an employer can show gross misconduct, they may be entitled to dismiss without notice or pay in lieu (summary dismissal), though the employer must be able to justify this and the process followed still needs to be fair.
Can an employee be put on garden leave instead of working their notice?
Yes, if the contract allows it — the employee remains employed and continues to be paid and to accrue benefits during the notice period, but the employer can require them to stay away from work and not carry out normal duties.
Does length of continuous service reset if I change roles within the same company?
Generally no — continuous service normally carries over when moving between roles with the same employer without a break in employment, so statutory notice entitlement usually continues to build based on the original start date.
Do zero-hours or casual workers get the same statutory notice?
Statutory minimum notice applies to employees, so entitlement depends on employment status rather than working pattern alone — some zero-hours workers may not have employee status and could have different or no statutory notice rights, so this should be checked against the individual contract.
Disclaimer: This guide reflects UK rules as they generally apply in 2026/27. This guide is for general information only and is not professional advice. Consult a qualified adviser and refer to gov.uk for current official guidance before relying on any treatment.
