Quick Answer: What Rights Do You Have During Notice?
During your notice period, you retain full employment rights including:
- Right to be paid at your normal rate
- Right to take annual leave (subject to normal approval)
- Right to accrue holiday throughout the notice period
- Right to statutory sick pay if you fall ill
- Right to work (unless on garden leave or PILON)
- Right to reasonable time off to find new work (if being made redundant)
Right to Work During Notice
Unless your employer places you on garden leave or makes a payment in lieu of notice (PILON), you have the right to attend work and perform your duties during the notice period.
What Your Employer Cannot Do
| Action | Lawful? |
|---|---|
| Lock you out of the building without PILON or garden leave | No |
| Reduce your hours without agreement | No |
| Remove key responsibilities to humiliate or demotivate | Potentially constructive dismissal |
| Withhold tools or system access needed to do your job | No (unless garden leave) |
Holiday During Notice
Taking Holiday
You can request annual leave during your notice period in the usual way. Your employer can:
- Approve your request as normal
- Refuse your request for valid business reasons
- Require you to take outstanding holiday during notice (with proper notice — 2× the leave length)
Holiday Accrual
Holiday continues to accrue throughout the notice period. On your last day:
- Any accrued but untaken leave must be paid out in your final pay
- Any leave taken in excess of accrual may be deducted (check your contract)
Sick Pay During Notice
If you fall ill during your notice period:
- You are entitled to Statutory Sick Pay (SSP) or company sick pay as normal
- Your notice period continues to run while you are off sick
- Your employer cannot extend the notice period because you were ill
- If your employer gave notice, they must pay at least your normal pay for the statutory notice period (even if SSP would normally be lower)
Employer Notice Pay Protection
This is an important rule. If your employer gave notice, you are entitled to your normal pay during the statutory notice period, even if:
- You are off sick
- You would normally only receive SSP
- You are on reduced company sick pay
This protection only covers the statutory notice period, not any additional contractual notice.
Rights During Redundancy Notice
If you are being made redundant, you have additional rights during your notice period:
Right to Time Off to Find New Work
Employees with 2+ years' service who are under notice of redundancy have the right to reasonable paid time off during working hours to:
- Attend job interviews
- Visit employment agencies
- Attend retraining courses
Right to a Trial Period
If offered suitable alternative employment within the organisation, you have the right to a 4-week trial period in the new role. If the role turns out to be unsuitable, you can still claim your redundancy pay.
Checklist: Know Your Rights
| Right | Employer Gave Notice | You Gave Notice |
|---|---|---|
| Normal pay during notice | Yes | Yes |
| Accrued holiday paid out | Yes | Yes |
| Right to work | Yes (unless garden leave/PILON) | Yes |
| SSP if sick during notice | Yes (at full pay for statutory period) | Yes (at SSP rate) |
| Time off for job hunting | Yes (if redundancy, 2+ years' service) | No |
| Redundancy pay | Yes (if qualifying) | No (you resigned) |
Need Help with Notice Periods?
Grove automates notice period management and ensures both employer and employee rights are respected:
- Notice period tracking linked to employee records
- Holiday accrual calculations through to the last day
- Offboarding workflows triggered automatically
- Final pay calculations including outstanding leave
Get started with Grove to manage employment transitions smoothly.
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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.
