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Managing Employee Notice Periods

Notice periods are a two-way street. On the one hand, they protect the business, giving it time to replace a departing member of staff.

On the other hand, it allows the employee a time and/or financial buffer if the company wants to part ways with them.

In this article, we’ll examine notice periods and how you as an employer should use them when a team member resigns.

What is a notice period?

Simply put, when an employee announces their resignation, they are giving notice of their intention to leave. Running a business would be hard if the staff could get up and walk out the same day. Who would do their work? Where were they on particular projects or sales progressions?

Therefore, the notice period is a contractual period (the length is in the employment contract) where the employee has to remain within the business.

Even if a written contract doesn’t exist, you must provide minimum statutory notice periods, depending upon how long they have worked:

  • 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

Now, the company has time to recruit a replacement and to reassign the leaver’s workload. It keeps disruption to a minimum.

Are notice periods longer for senior managers?

In many cases, yes. As an employer, you want to protect your interests by extending the notice period for senior management. Three months is typical, while the highest company positions might be six months or even longer.

Longer notice periods give you some benefits:

  • If a senior sales manager leaves, you will need longer to find and employ a replacement.
  • Longer notice periods tend to reduce turnover since it can be an employee benefit (the employee gets a larger payoff if you make them redundant).
  • If an employee is leaving for a competitor, you get to prevent them from joining too quickly (and taking your customers with them).

Should you force an employee to serve their notice period?

Employees working the full notice period may be at best unhappy and at worst disruptive.

You have to strike the right balance before letting them go. Your priority is the smooth running of the business, and you can’t let anyone go without having replacements in place.

Sometimes, however, the relationship is so strained that keeping the leaver in the office has a negative impact, especially in a sales environment, where morale and team spirit are so important.

Your options are, therefore:

  • Force the leaver to remain throughout their notice
  • Agree to any earlier leaving date and stop paying them accordingly
  • Keep paying them but force them to remain at home (on gardening leave)

Another scenario is when the leaver simply walks away.

You stop paying them immediately, and you are within your rights to pursue them legally for breach of contract. However, the cost of legal action is prohibitive and pretty pointless as the person is leaving anyway, and it’s also not good for office morale.

In these situations, it’s always best to try and reach a compromise before things get too out of hand. So, for example, if you have a sales executive on one month’s notice who wanted to leave immediately, perhaps agreeing on them staying for two weeks would prevent them from walking out AND give you time to plan for a replacement.

What exactly is gardening leave?

After resignation, one of the primary employee rights is to receive full pay during the notice period.

However, there are circumstances where you might not want the employee to remain working with you. What if the leaver was jumping ship to join a competitor?

Clearly, in these circumstances, you don’t want them in your office a moment longer, where they might have access to valuable company information, secrets their new employer would love to know.

Equally, you don’t want to agree to an instant leaving date since that would only help your competitor. It’s in these cases where gardening leave is appropriate.

Here, you continue to pay the leaver in full for the whole notice period, but on the condition that they remain “at home” and do not start work elsewhere.

It’s called gardening leave because it’s supposed the leaver has nothing else to do, so tends to the garden.

Striking a balance with notice negotiations

As an employer, there are options open to you when staff hand in their notice.

It’s a fine line between ensuring you have continuity of service when someone leaves and staying and being disruptive or affecting morale.

You want to earn a reputation for being fair, but there’s nothing wrong with being firm, too. Be too lenient, and every leaver will expect the same treatment.

Whichever way you go, you have to remain consistent so that everyone knows where they stand.

In reality, most people will respect your business for playing fair, and if they do have to stay for a portion of their notice period, they’ll be more likely to remain productive.

Be patient when you’re the recruiter

While we’ve focused here on notice periods when your staff leave and why it’s important, keep this in mind when the shoe is on the other foot and you’re recruiting a person from another company.

While you want them to join as soon as possible, you’ll have to respect the notice period at their current employer. You can’t have it both ways!

Aaron Wallis are a national specialist sales recruitment agency comfortable across many sectors, however more recently the majority of our clients utilise the below offerings:

Date published: 5th March 2024

A photo of Darren Dewrance, Aaron Wallis Sales Recruitment

About the author

Darren Dewrance

Darren spent six years in sales and field sales before joining the original sales recruitment specialist, Austin Benn, in 1998. After achieving the status of top consultant, out of about seventy at the time, Darren rose from Senior Consultant to Operations Manager of the commercial sector before leaving to join a London based Headhunter in 2003 before setting up Aaron Wallis with Rob in October 2007.

With a natural leadership style, Darren is an expert on putting his finger right on the heart of the problem. His natural commercial instincts have helped hundreds of employers make better recruitment decisions. Darren is married with two children, and when not at work or with his family, he likes nothing more than to be on the side of a river or a lake with a rod in his hand.

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George came recommended by a colleague and has been a pleasure to work with. He was great at updating us on his progress and ensured a great experience for both client and candidate.

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George is a joy to work with, and I'd recommend him to anyone seeking that unicorn hire - he found me mine, and I'm delighted!

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Rob is a true recruitment professional that goes the extra mile that I have never experienced from any other recruitment agency before. If you need sales people call Rob or someone in his team, as they really are experts in sales recruitment.

Sales Director, Inside Business

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UK Sales Manager, Nexcom

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CEO, Friday Ad Online Services

I found Aaron Wallis to be very professional and efficient, taking time to understand the role and the type of candidate we were looking for. The candidates they put forward met our criteria and were of a high standard. The service they provided was exemplary and I would have no hesitation in recommending them, and will certainly consider using them again in the future.

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HR Business Partner, Greene King

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Managing Director, Leisuresec plc

Giles Phillips is a rare find in the minefield of sales recruitment; an honest and thoughtful recruiter who considers the needs of both the client AND the candidate to create perfect role matches. I look forward to working with him again in the future.

Marketing Director, City of London Police

Giles is highly professional and was a pleasure to work with. He achieves excellent results through his personable skills and tenacity. I have no hesitation in recommending Giles to anyone who considers employing his services.

Commercial Director, G4S Government & Outsourcing Solutions

In an industry where people over promise and under deliver, Rob and his teams have consistently provided a high-quality service. It is great to deal with someone that has an excellent understanding of UK industry, and a passion for sales.

Sales Manager, TR Fasteners

I just wanted to thank you for your help with our recruitment process which went very smoothly and has – we hope – found us just the person for the job!

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Thank you for your dedicated help during the recruitment process - we came to you after unsuccessfully searching elsewhere, and hired, not one, but two! Quick response times, and a really personal approach, without being pushy.

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I could not suggest anything I would like you to do better. The service you provided materially exceeded my expectations. I would especially like to commend Simon Bonner; he is easily the best recruitment consultant I have ever dealt with. I particularly valued his advice and guidance throughout the recruitment process. 

UK Sales Manager, BTS Holdings Limited 

Very professional service and will certainly be in contact for future recruitment.

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Sophie contacted me about a role explained the details clearly and made sure I was ready for the interview. She kept in touch every step of the way till I started the job. Thank you Sophie for a great experience.

S. Powell, Candidate

A great recruitment company to work with. Excellent experience with Aaron Wallis through the entire recruitment process. The team was really professional and extremely helpful. Darren was a pleasure to work with. He was friendly, supportive and gave me great advice. Thank you very much!

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Aaron Wallis is an outstanding recruitment agency specialising in high calibre sales positions. I was working directly with Darren Dewrance who went above and beyond my expectations in sourcing me my perfect role. I was kept in regular communication with Darren and he worked extremely hard to secure my dream job. Highly recommended and Thanks Darren for all your expertise and hard work.

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Less than two weeks after joining Aaron Wallis I was offered my new job. I got a £10,000 rise in my basic salary, car allowance, a laptop and many other perks, which will help to further my career. I definitely would not have found my dream job without the help of Aaron Wallis.

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Aaron Wallis Sales Recruitment are a very friendly and professional recruitment organisation who listen to your needs, work with you and act on your behalf which sets them apart from many of their competitors who in my experience are willing to throw anything at you. We discussed my history, my preferences and my wishes - one opportunity was introduced. It was perfect. I start at the end of June.

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A. Van Der Mescht, Candidate

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J. Parnham, Candidate

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D. Bretherton, Candidate

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C. Rockliffe, Candidate

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M. Wyer, Candidate

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P. Fitzsimons, Candidate

Wanted to say a huge thank you to Simon Bonner who has just helped me secure my new role. He was one of the most professional recruiters I have ever worked with he was supportive really quick at replying and really put me at ease.

J. Marcinkiewicz, Candidate

The Recruitment agent I used, Simon, was extremely helpful and really went the extra mile to ensure all of my questions were answered, and that I felt as comfortable and prepared as possible. Very professional company and would definitely recommend to others. Thank you Aaron Wallis!

A. Callaby, Candidate

The service provided by Aaron Wallis has been just great. I was constantly informed about what was going on with the process interview and the agent has always been supportive and kind to me.

L. Colagrossi, Candidate

I can honestly say that the time and expertise you gave me was way beyond any other recruitment consultant I dealt with. You are a rarity in your industry.

S. Akers, Candidate

Simon was knowledgeable on his clients history, background and what their requirements were and he worked around time zones, holidays and a pandemic to get the right result.

J. Tooze, Candidate

The most professional recruitment agency I've ever worked with. Robert Scott was extremely proactive and send me a detailed briefing before each interview, ensuring I was well prepared.

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Excellent experience. Knowledgeable staff and really went the extra mile. Found my ideal position and I couldn't be happier. Special shout out to Sam and George: who made the process smooth and easy for me. Highly recommend.

K. Pearce, Candidate

Aaron Wallis (and in particular Rob Scott) have been fantastic throughout the recruitment process, and even a few months down the line, still continues to care. Rob clearly cares about each individual and has a wealth of knowledge and expertise, which shows in the work he does. Each candidate is not just a number, and the support received from Aaron Wallis has helped me get a career which I truly enjoy.

M. White, Candidate 

The staff at Aaron Wallis were fantastic. Throughout the process, they maintained excellent communication and I always knew where I stood.

M. Owusu, Candidate

Wanted to say a huge thank you to Simon Bonner who has just helped me secure my new role. He was one of the most professional recruiters I have ever worked with.

J. Marcinkiewicz, Candidate

Sophie helped me secure a new role I have been searching for. She took her time to explain clear and concisely all I needed to succeed at the interview stage. Thanks again Sophie!

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