In short
- Resigning after at least a month in the job: the legal minimum is one week, however long you've worked there. Your contract can ask for more, and then the longer period applies.
- Your employer must give you at least one week after a month, one week per full year from two years, and 12 weeks from 12 years (Employment Rights Act 1996, section 86).
- Unless your contract says otherwise, your notice period starts the day after you hand in your notice.
- You keep your normal pay while you work your notice. Leaving early needs your employer's agreement, ideally in writing.
On this page
- What is a notice period?
- Statutory notice period in the UK: the legal minimum
- Your contractual notice period comes first
- When your notice period starts
- Notice period during probation
- Can you leave before the end of your notice period?
- Pay during your notice period, PILON and garden leave
- Holiday during your notice period
- Your employer's notice period: dismissal and redundancy
- Fixed-term contracts
- If you change your mind after handing in your notice
- Use your notice period to prepare the next job
- Questions
What is a notice period?
A notice period is the time you keep working for your employer after you resign, or after you are told you are being dismissed or made redundant. Acas sums it up in three questions: how long you have worked there, what your contract or written statement says, and who is ending the job.
These rules are for people with the legal status of employee. Acas notes that agency workers, casual workers and people on zero-hours contracts are not likely to be employees, so the statutory notice period may not apply to them in the same way: check your contract.
Statutory notice period in the UK: the legal minimum
Section 86 of the Employment Rights Act 1996 sets the minimum notice period in England, Scotland and Wales (it does not extend to Northern Ireland) once you have worked for an employer for one month. The minimum is not the same in both directions:
| Time with your employer | Statutory notice you must give | Statutory notice your employer must give |
|---|---|---|
| Less than 1 month | None, unless your written statement sets one | None, unless your contract sets one |
| 1 month to under 2 years | 1 week | 1 week |
| 2 to under 12 years | 1 week | 1 week for each full year worked |
| 12 years or more | 1 week | 12 weeks |
Acas gives an example: after 4 years and 9 months, an employee is entitled to 4 weeks' statutory notice, because only full years count. When you resign, the statutory notice period stays at one week however long you have been there.
Your contractual notice period comes first
Your written statement of employment particulars must say how much notice you have to give; it can also be in your contract or a staff policy. If it asks for more than the statutory minimum, for example one month or three months, that longer notice period is the one you work.
A contract cannot go below the legal minimum, though. If your contract says three days after six months in the job, the law still gives both sides at least one week. And if nothing was ever written down or agreed, Citizens Advice (advice for England) says to give at least one week's notice.
When your notice period starts
Unless your contract says otherwise, your notice period starts the day after you tell your employer you are resigning. When your employer gives you notice, it starts the day after they tell you in person; if they only write to you, Acas says it starts once you have had a reasonable time to read the letter, for example the day after a registered letter arrives, or after you get back from holiday.
Your notice period usually ends on the last day of the period, counted from that start. Here is how it works if you hand in your notice on Monday 16 November 2026, so that it starts on Tuesday 17 November:
| Notice period in your contract | Last working day |
|---|---|
| 1 week (the statutory minimum) | Monday 23 November 2026 |
| 4 weeks | Monday 14 December 2026 |
| 1 month | Wednesday 16 December 2026 |
| 3 months | Tuesday 16 February 2027 |
Write the date you have worked out in your resignation letter and ask your manager to confirm it: the Acas template asks your employer to say if the date is incorrect.
Notice period during probation
You can resign during your probation period. Acas says you must give either the statutory minimum or the notice set out in your contract or written statement. If your contract sets a shorter notice period during probation, it still can't be less than one week once you have worked there for a month.
In your first month, you don't have to give any notice by law unless your written statement says so.
Can you leave before the end of your notice period?
Only with your employer's agreement. Acas suggests discussing options that work for both of you, for example using your remaining holiday instead of working the full notice period, and putting what you agree in a letter or email. If you leave early without agreement, you are likely to be breaching your contract.
- Pay: if your employer lets you go early, they only have to pay you for the time you worked.
- Costs: some contracts allow a deduction from wages if your employer has to pay an agency worker to replace you quickly, and Acas notes an employer might claim those costs in the county court (England and Wales) or the sheriff court (Scotland).
- References: leaving without working your notice can affect your reference, which matters most in financial services or caring jobs.
The letter below asks to shorten a three-month notice period. Copy it, then change the names, dates and handover details:
Example letter
Example
Daniel Okafor
41 Ashgrove Road, Bristol BS7 9LH
daniel.okafor@example.com · 07700 900582
Ms Helen Marsh, Operations Director
Harbourside Logistics Ltd
Unit 4, Avonmouth Way, Bristol BS11 9HX
17 November 2026
Request to shorten my notice period
Dear Ms Marsh,
Further to my resignation letter of 16 November 2026, my contract sets a notice period of three months, which would make my last working day Tuesday 16 February 2027.
I have been offered a role that starts on Monday 4 January 2027. I would like to ask whether you would agree to release me early, with Thursday 31 December 2026 as my last working day.
To make this work for the team, I would use my remaining holiday before that date, finish the depot rota for the first quarter and hand over my supplier accounts to James by 18 December. I understand that I would only be paid up to my last day.
Could you confirm in writing whether you agree to this date?
Yours sincerely,
Daniel Okafor
If you are resigning because your employer has seriously breached your contract, the rules on notice can be different, and Acas points to constructive dismissal: get advice from the Acas helpline before you leave.
Pay during your notice period, PILON and garden leave
- Normal pay: you usually get your normal pay rate while you work your notice period, and bonuses and commission unless your contract says otherwise. Citizens Advice adds work benefits such as pension contributions.
- Off sick or on leave: if you are off sick, on holiday, on maternity, paternity, adoption or shared parental leave during your notice, your pay depends on your contract and on whether you resigned, were dismissed or were made redundant.
- Payment in lieu of notice (PILON): your employer pays your notice instead of having you work it, and the job ends straight away. GOV.UK says this only applies if your contract allows it or you agree.
- Garden leave: your employer tells you not to work some or all of your notice period. You are still employed and keep the same pay and contractual benefits; check whether your contract stops you starting another job meanwhile.
- Disputes: if you can't settle a disagreement about notice pay informally, use the grievance procedure, then you may be able to claim breach of contract at an employment tribunal.
Holiday during your notice period
You may be able to take your remaining statutory leave during your notice period. If you don't, your employer must pay you for any untaken statutory leave when you leave, even after a dismissal for gross misconduct. Leave above the statutory 5.6 weeks depends on your contract.
Your employer can also tell you to use up your holiday during your notice. Unless your contract says otherwise, GOV.UK says they must give notice at least twice as long as the leave: two weeks' warning for one week of holiday.
Your employer's notice period: dismissal and redundancy
When your employer ends your job, they must give you at least the statutory notice period in the table above, or the longer contractual notice. Acas lists two exceptions: dismissal for gross misconduct, where there is no right to statutory notice or notice pay, and an agreement between you and your employer to shorten the notice, which should be put in writing.
Think your employer gave you less notice than you are owed? Raise it informally first. If that fails, Acas says you may be able to claim wrongful dismissal at an employment tribunal, the county court or the sheriff court.
Fixed-term contracts
Citizens Advice (advice for England) says you don't need to give notice to leave on the last day of a fixed-term contract. To leave before the end, check whether the contract lets you give notice; if it says nothing, give at least one week. Section 86 also treats a contract for a term of one month or less as open-ended once you have worked for three months, so the statutory notice period applies.
If you change your mind after handing in your notice
Resigned in the heat of the moment? GOV.UK advises telling your employer immediately. They can choose whether or not to accept your resignation; if they don't agree to let you stay, you will leave at the end of your notice period.
Use your notice period to prepare the next job
Ask about your P45 when you hand in your notice: your new employer needs it. Ask your manager now whether they will be a referee, and if you still need someone outside work to vouch for you, see our character reference template. Still applying? Get ready with our guide on how to prepare for an interview.
Frequently asked questions.
Sources
- Employment Rights Act 1996, section 86: Rights of employer and employee to minimum notice, legislation.gov.uk
- Handing in your notice, GOV.UK
- Holiday entitlement: taking holiday before leaving a job, GOV.UK
- Holiday entitlement: booking time off, GOV.UK
- Notice periods: what a notice period is, Acas
- Notice periods: dismissal or redundancy, Acas
- Notice periods: resignation, Acas
- Notice periods: when the notice period starts, Acas
- Notice periods: when an employee does not have to work notice, Acas
- Probation periods, Acas
- Check your notice period when resigning, Citizens Advice

About the author
Diego Benitez
Founder of Kandiq, more than 100 hires led
Diego Benitez has hired more than a hundred people, in marketing, sport and sales, as a manager at Intersport and then as Head of Growth at Goodvest (2022 to 2026). He ran those hiring processes from start to finish: screening applications, interviews, the hiring decision, then managing the team. He also knows the candidate's side: internships, work-study, student jobs, a permanent contract, starting an agency, then freelancing. He built Kandiq to give candidates what he looked for in an application himself, and what screening software can read. His guides start from the questions candidates ask Google, rely on official public sources (government employment and careers services, employment law) and are updated when the rules change. The examples are fictional; the figures are sourced.

