Resignations

If you have decided to resign, we can provide advice and guidance to ensure that you give the correct amount of notice and that all loose ends are tied up correctly before you move on to new opportunities.

How much notice do I need to give?

Your contract of employment should set out how much notice is to be given by you or your employer to terminate your employment.

If you do not have a written contract of employment, then S86 of the Employment Rights Act 1996 imposes a statutory obligation on both an employee and employer to give notice of termination. This is known as the statutory minimum notice period.

The statutory minimum notice period for an employee is no less than one week if you have been employed for one month or more.

How much notice does my employer need to give me?

Your employer will need to provide you with one week's notice if you have been employed for more than a month but less than two years.

If you have been employed between two and twelve years, your employer must give you one week's notice for every complete year of continuous employment.

If you have been employed for over 12 years, your employer must give you 12 weeks notice.

Occasionally, a court will not simply imply that the statutory minimum notice period is relevant in a particular case but will instead say that the notice period should be 'reasonable'. The reasonable notice period depends upon what you and your employer intended at the start of your employment and all the circumstances of your case.

Will I have to work out my notice period? 

Unless your employment contract allows your employer to pay you in lieu of notice (PILON), you will need to work out your notice period.

If your contract has an express garden leave clause, then your employer may decide that you should not carry out any work for them during your notice period, but you will still be paid during your period of garden leave.

Will I be paid during my notice period?

Generally, you will be paid as usual during your notice period.

However, the situation is slightly different if you are off sick, on maternity or paternity leave, or on a period of parental bereavement.

If the amount of notice you are required to give your employer in your contract is the same as the statutory minimum notice period (as set out above), then you will receive full pay for the whole of your notice period.

However, what if your contractual notice period is at least one week more than the statutory notice period? In this case, your pay will be the same as the pay you would otherwise have received if your employment continued and you had not given notice.

Contact us

Please contact our Employment Litigation team for friendly advice and support. We will be able to review your contract of employment and advise you on how much notice you should give when resigning. You can contact us on 023 8063 9311 or email enquiries@warnergoodman.co.uk.