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Working Out Your Notice Period
Page Overview:
At Aaron Wallis Sales Recruitment, we guide you through determining your notice period, a vital step in planning a smooth exit or transition. This page explains that your notice is usually set out in your employment contract. Still, if that's lost or absent, statutory minimums apply, ranging from no notice for under a month's service to one week for each completed year, capped at 12 weeks. We also discuss how notice protects both you and your employer, outline options like payoff-in-lieu or gardening leave, and encourage you to negotiate respectfully where possible to keep relations professional. Let us help you leave on the right terms and start your next role with confidence.
What is my notice period?
In most cases, your notice period will be stated in your contract of employment. However, some people do not have a written contract. In these cases, statutory minimum notice periods will apply.
This is the most straightforward answer to the question, but there are nuances. Read on below to find out more:
If you're looking for a new job or have been offered a new position, the first thing to sort out is your notice period. In other words, how much notice do you have to give your employer before you can walk away to your new challenge? Once you agree on a leaving date, everyone knows where they stand.
The notice period is part of your employment contract. It's not just there to protect your boss; it also gives them time to prepare for your departure and find a replacement. It's also there to protect you. So, suppose your company wanted to part ways with you. In that case, it must either honour your notice period, pay you instead of it, or send you on gardening leave, where you effectively still get paid for staying away and not contacting clients or colleagues.
Do I always have to work my notice period?
In an ideal world, everyone would always honour their contract, as it's formed in good faith to protect the interests of both parties. However, in relation to abiding by your notice period, this is not strictly true.
Your employer can't force you to work – they won't send enforcement officers to your home and physically drag you into the office. Well, hopefully not. But do you really want to leave on such bad terms? If you work in a close-knit industry, it's not a good game to play, and who knows if you'd ever need to work for your company again?
On top of that, your employer could play hardball, particularly if you have a senior role. Firstly, you are in breach of contract, and they will certainly refuse to pay you. Secondly, they could seek an injunction preventing you from working at your new role until your notice period is over. This would most likely be the case if your new role were at a competitor. And thirdly, your employer could sue you for the costs involved in replacing you for the notice period.
While those last two scenarios are unlikely, we would seriously recommend coming to a compromise with your boss if possible. You'd be surprised at how many firms will shave some of your notice period off. Nobody wants to keep hold of an unhappy employee, as long as they can find a replacement in good time.
How do I find out what my notice period is?
In most cases, your notice period will be stated in your contract of employment. However, some people do not have a written contract. In these cases, statutory minimum notice periods will apply. How much notice you should give, in relation to time worked, is as follows:
- Less than one month - no notice
- One month to two years - one week's notice
- Two to 12 years - one week's notice for every year worked, up to a maximum of 12 weeks
If you have mislaid your employment contract, your human resources department should provide you with a copy, although this will obviously arouse their suspicions about your intentions.
Can my notice period be reduced or extended?
We've already seen how your employer might agree to reduce your notice period if you hand in your notice, provided it doesn't adversely affect them. But can they turn around at any point and extend it? Simply put, no, unless there is a variation clause in your contract. Otherwise, your company must get your consent to change your notice period. It is likely that an employer would seek to extend notice periods only for senior managers, as they do not want them to leave at a moment's notice.
Are notice periods in redundancy situations different?
In cases of redundancy, you'll be offered a redundancy package and, normally, you'll also be paid instead of notice. In other words, if you were on one month's notice, you would likely receive a month's pay and your redundancy package in one lump sum. It would be rare to be made redundant and still have to work out your notice period.
And because your notice is in your contract, your company cannot simply pay your redundancy and ignore your notice period pay.
In larger firms, there may be rounds of redundancy, and there would typically be consultations with staff. It is hoped that most caring companies would be as helpful and communicative as possible to staff during what, for many, would be a traumatic and stressful period.
Can I seek any advice about my notice period?
If you find yourself at an impasse with your employer about your notice period, and if you feel you are being treated unfairly, you should seek out the advice of a solicitor specialising in employment issues. Most legal firms will have someone who can help. At a price, of course. If you cannot afford your own brief, contact agencies such as the Citizens Advice.
If you're actively seeking a new role, please browse the vacancies which Aaron Wallis are currently recruiting for.
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Date published: 9th August 2025
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by Rob Scott
Managing Director
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