How much notice must an employer give under statute?

Under Employment Rights Act 1996, s.86, an employer must give at least: one week's notice for employees with more than one month but less than two years' service; one week per complete year of continuous employment for those with two or more years' service, up to a maximum of 12 weeks. For example, an employee with seven years' service is entitled to at least seven weeks' statutory notice. Your contract may provide more — the statutory figure is the minimum. Source: ERA 1996, s.86(1); gov.uk/redundancy-your-rights/notice-periods.

How much notice must an employee give?

After completing at least one month of continuous employment, an employee must give their employer at least one week's statutory notice. This minimum does not increase with length of service under the statute. Most employment contracts require longer notice from employees — check your contract. If your contract requires more than one week, you must give the contractual period. Source: ERA 1996, s.86(2); acas.org.uk/notice-periods.

Do I get paid during my statutory notice period?

Yes. Employees have a statutory right to receive full contractual pay during the statutory minimum notice period, even if they are on sick leave, maternity or paternity leave, or other approved absence. This is the 'minimum notice rights' provision. However, this only applies to the statutory minimum period — if your contractual notice is longer than the statutory minimum, normal sick pay or other absence pay rules apply to the excess. Source: ERA 1996, s.88–91; acas.org.uk/notice-periods.

What is a notice period if there is no written contract?

If there is no written contract — or if the contract is silent on notice — the statutory minimum under ERA 1996, s.86 applies. After one month's service, both the employer and employee must give at least one week's notice, with the employer's obligation increasing by one week per year of service up to 12 weeks. The statutory minimum cannot be contracted out of or reduced. Source: ERA 1996, s.86; acas.org.uk/notice-periods.

Can an employer dismiss me without notice?

An employer can dismiss without notice only in cases of gross misconduct — where the employee's conduct is so serious that it fundamentally breaches the employment contract (summary dismissal). In all other cases of dismissal, the employer must give the statutory minimum notice (or pay in lieu of it). Failing to give notice without justification may give rise to a wrongful dismissal claim in the courts. Source: ERA 1996, s.86; acas.org.uk/notice-periods.

Does the Employment Rights Act 2025 change notice periods?

No. The Employment Rights Act 2025 made no changes to the statutory notice period rules under ERA 1996, s.86. The formula — one week per complete year of service, minimum one week after one month's service, maximum 12 weeks — remains unchanged. ERA 2025 does, however, change the broader context of dismissal from January 2027: the unfair dismissal qualifying period reduces to six months, which affects how employers approach notice in the context of potential unfair dismissal claims. Source: Employment Rights Act 2025; acas.org.uk/notice-periods.

Statutory Notice Periods UK

Under the Employment Rights Act 1996, s.86, employers must give at least one week's notice for each complete year of continuous employment — starting after one month's service and capped at 12 weeks. An employee with five years' service is entitled to at least five weeks' notice. Employees are only obliged to give one week's statutory notice, regardless of service length, though contracts often require more. The ERA 2025 made no changes to notice period rules. Updated June 2026.

Source: Employment Rights Act 1996, s.86–91; acas.org.uk/notice-periods.

What the law says

The statutory minimum notice periods are set out in the Employment Rights Act 1996, sections 86–91. The notice rules establish minimums — contractual entitlements are commonly higher, particularly for more senior employees.

Section 86(1) sets the employer's minimum obligation; section 86(2) sets the employee's minimum obligation. Neither can be lawfully reduced by contract below the statutory floor. Source: gov.uk/redundancy-your-rights/notice-periods.

The notice period formula

Employer's minimum notice to employee

Length of continuous service	Minimum statutory notice
Less than 1 month	No statutory right (but contractual notice may apply)
1 month to under 2 years	1 week
2 complete years	2 weeks
3 complete years	3 weeks
4 complete years	4 weeks
5 complete years	5 weeks
6 complete years	6 weeks
7 complete years	7 weeks
8 complete years	8 weeks
9 complete years	9 weeks
10 complete years	10 weeks
11 complete years	11 weeks
12 or more complete years	12 weeks (maximum)

Source: ERA 1996, s.86(1); acas.org.uk/notice-periods.

Employee's minimum notice to employer

An employee must give at least one week's notice after completing one month's continuous employment. This statutory minimum does not increase with service length. Employment contracts frequently require longer notice periods from employees — typically one month for non-managerial roles and three or six months for senior roles. The contractual requirement applies if it exceeds the statutory minimum.

Pay during the notice period

Statutory minimum notice rights (ERA 1996, s.88–91)

If the employer gives only the statutory minimum notice (not contractual notice above the statutory minimum), the employee has a right to receive their full contractual pay during the notice period — even if they are:

On sick leave (the employee receives their contractual pay, not just SSP, during statutory notice).
On maternity, paternity, or parental leave.
Ready and willing to work but not provided with work.
On any other approved absence.

This rule is called the "minimum notice rights" provision and applies only to the statutory minimum notice period. If the employer gives more than the statutory minimum notice (for example, contractual notice of 12 weeks when only 8 are required by statute), normal sick pay and absence pay rules apply to the additional weeks. Source: ERA 1996, s.88–91.

Payment in lieu of notice (PILON)

Instead of requiring the employee to work their notice, an employer may make a payment in lieu of notice (PILON). From 6 April 2018, the tax treatment of all PILON is governed by the post-employment notice pay (PENP) rules introduced by the Finance (No.2) Act 2017:

PILON is always subject to income tax and National Insurance, regardless of whether the contract contains a PILON clause and regardless of the total value of the termination package.
The £30,000 tax-free threshold under ITEPA 2003, s.403 does not apply to PILON. The threshold covers genuine termination payments such as statutory or enhanced redundancy pay, but the PENP rules require the notice pay element to be extracted from any termination package and taxed as earnings first.
Whether or not a PILON clause exists in the contract affects the legal basis of the payment but does not change the tax outcome under the post-2018 rules.

For example: an employee with 8 weeks' statutory notice receives a termination package of £25,000. The PENP (the value of the notice pay element) must be taxed as earnings. Only the remainder — after the PENP is separated out — can benefit from the £30,000 exemption.

For individual advice on the PENP calculation in your situation, see HMRC's Employment Income Manual or contact ACAS. For more detail on PILON and tax, see payment in lieu of notice explained.

Garden leave

An employer may require an employee to remain at home but continue as an employee — on full pay — during their notice period. This is known as garden leave. The employee cannot work for a competitor or start a new job during garden leave while still employed. For more information, see the separate garden leave guide (expected — pending Batch B).

Calculate your notice period

Use the free statutory notice period calculator to calculate your minimum statutory notice entitlement based on your length of service. No sign-up required.

Frequently asked questions

See the FAQ below. For notice period disputes, contact ACAS or call the ACAS helpline on 0300 123 1100.

Back to notice period rights.