Notice Period: Definition and What to Expect

A notice period refers to the length of time you have to notify your employer before your resignation. It also refers to the amount of time your employer needs to give you before ending your contract.

Despite this, if your employer decides to dismiss you because of misconduct, they can terminate your employment contract without notice. In addition, they may dismiss you earlier than any date specified in your contract. If this is the case, you may be able to claim wrongful termination.

The amount of time for a notice period depends on whether it refers to the time you give your employer before your resignation, or how much notice you’re entitled to before they end your contract. Here’s a look at the typical notice period for both circumstances:

Notice period you must give your employer

If you plan to leave the company you’re currently employed with, you’re typically obligated to provide them with a notice of your resignation. If you’ve worked for your employer for at least a month, the minimum notice is typically one week. However, it’s best to provide your employer with more notice than this out of respect and courtesy. This is especially the case if you hold a senior-level position or any other role that could significantly impact the company in your absence.

While one week is the minimum, common notice periods are typically two weeks. This gives your employer plenty of time to begin their search for a new candidate that can fill your role. In addition, this gives you time to train anyone who will be taking over your duties for the time being or on a more permanent basis.

Make sure to review your employment contract to determine the exact amount of notice you need to give your employer. You should also consider the industry standard for someone in your role.

Notice period your employer must give you

If you’ve been with your employer for less than a year, they aren’t usually entitled to give you a notice. Sometimes you can find the amount of notice your employer must give you in your contract. If your contract doesn’t state a specific notice period, refer to the legal minimum. Here’s what a notice period typically looks like depending on your length of employment:

• If you’ve been employed for less than two years: One week at a minimum.
• If you’ve been employed with them for two to 12 years: One week at a minimum for each year of employment.
• If you’ve been employed with them for over 12 years: 12 week’s notice at a minimum.

To help you better understand notice periods and how they pertain to both employees and employers, consider these frequently asked questions:

What if your employer fails to provide notice?

When your employer fails to provide proper notice, it often results in a breach of contract. If they let you go before your contract or the law specifies, you can make a wrongful termination or dismissal claim to an employment tribunal.

What if you fail to provide notice?

Similarly, a failure to provide notice on your behalf often results in a breach of contract. If you resign prior to the required notice period, your employer no longer needs to pay you for the notice period.

Can your contract be terminated without notice?

For your employer to break your contract without notice, they have to have a justifiable reason. For example, if you were dismissed due to gross misconduct, this justifies an instant or summary dismissal. Some examples of gross misconduct include theft, fraud, or violence.

Can you terminate your contract ahead of time?

While you can breach your contract, you may be able to terminate your contract early under some circumstances or provisions in your contract. For example, some employers may include a clause in your contract that allows you to resign early with notice.

What is ‘pay in lieu of notice’?

In some cases, your employer may pay you to leave immediately after giving notice. This is a one-time payment that your employer provides in place of your notice. The only way your employer can do this is if it’s stipulated in your contract or if you agree to it. If you decide against the payment, you can continue working through the notice period.

Typically, the payment is the same as what you would have earned had you continued working through the notice period. For example, if you provided your employer with a two-week notice, you’ll receive compensation equal to two weeks of your salary.

What is ‘garden leave’?

While you’re in between jobs, your employer may ask you to go on garden leave. This means they’d like you to work outside of the workplace. It’s used to protect your employer by restricting your access to clients or other confidential information. If you’re on garden leave, you need to remain close by in case your employer needs you to return or decides to bring you back to work. During this time, you still receive the same pay and benefits as you’d receive if you were working regularly in the office or other workplace setting.