Quick Answer: What is the Statutory Notice Period?
Statutory notice period in the UK depends on length of continuous service:
| Length of Service | Notice Required (Employer to Employee) | Notice Required (Employee to Employer) |
|---|---|---|
| 1 month to 2 years | 1 week | 1 week |
| 2–12 years | 1 week per year of service | 1 week (unless contract states more) |
| 12+ years | 12 weeks (maximum) | 1 week (unless contract states more) |
Example: An employee with 7 years' service is entitled to 7 weeks' statutory notice from the employer. The employee only needs to give 1 week's notice (unless their contract states otherwise).
Use our notice period calculator for quick calculations.
Statutory vs Contractual Notice
Statutory Notice
Statutory notice is the legal minimum set by the Employment Rights Act 1996. It cannot be reduced by contract.
Contractual Notice
Most employment contracts specify a longer notice period than the statutory minimum. Common contractual notice periods:
| Role Level | Typical Notice Period |
|---|---|
| Junior / Entry level | 1 month |
| Mid-level | 1–3 months |
| Senior / Management | 3–6 months |
| Director / Executive | 6–12 months |
The longer of statutory or contractual notice applies. If the contract says 1 month but statutory entitlement is 7 weeks, the employee gets 7 weeks.
Payment in Lieu of Notice (PILON)
PILON allows the employer to end employment immediately by paying the employee for their notice period instead of having them work it.
Tax Treatment of PILON
Since April 2018, PILON payments are always taxable (income tax and NI), regardless of whether the contract contains a PILON clause.
Key Rules
- If the contract contains a PILON clause, the employer can make the payment without breach of contract
- Without a PILON clause, ending employment without notice is technically a breach of contract (even if you pay)
- PILON should cover basic pay plus any contractual benefits the employee would have received during notice
Garden Leave
Garden leave is where the employee remains employed during their notice period but is not required to attend work or perform duties.
How Garden Leave Works
- The employee remains on the payroll with full pay and benefits
- They cannot work for another employer during this period
- They must remain available if the employer needs them
- Restrictive covenants continue to apply
Garden Leave Clause
A garden leave clause in the employment contract is strongly recommended. Without one, you may not be able to enforce garden leave, and the employee could argue they have a right to work.
Holiday During Notice
Employees continue to accrue annual leave during their notice period.
| Question | Answer |
|---|---|
| Can the employee take holiday during notice? | Yes, with normal approval |
| Can the employer force the employee to take holiday during notice? | Yes, with notice of at least 2× the leave duration |
| Is accrued but untaken holiday paid on termination? | Yes, this is a legal requirement |
Managing Notice Periods with Grove
Grove automates notice period management:
- Contractual notice tracking from employee records
- Notice period calculator based on service length
- Offboarding checklists triggered when notice begins
- Final pay calculations including accrued holiday
- Document generation for notice confirmation letters
Use our free notice period calculator or get started with Grove.
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The Grove Team
Grove HR
The Grove Team writes about HR best practices, compliance, and workplace culture for Grove. Helping UK businesses cultivate thriving teams.
