Do you have to work your notice period?
With job dissatisfaction high going into 2026 (1 in 3 employees think about leaving every day), the urge to stand up and walk out of your job forever is very appealing. But is that actually possible with the dark cloud that is your notice period hanging above your head? Let’s find out.
What is a notice period?
A notice period is the amount of time an employee must continue to work after resigning from their job before they can leave. This remains in place whether an employee resigns, is dismissed, or is made redundant.
How much notice an employee gives depends on a range of factors, including:
- How long they have worked for their employer
- Whether they are in their probationary period
- What’s in their contract
- The reason for leaving
Are notice periods enforceable in the UK?
In short, yes. Employees are legally bound to fulfil their obligations when leaving their place of employment.
An employee is able to request a shorter notice period, but your employer doesn’t have to agree if it will cause them problems or additional expenses.
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What happens if you don’t work your notice period
If an employee refuses to work their notice period and an agreement hasn’t been reached with their employer, they are in breach of contract. This means that the employee could have a court claim made against them if the employer ends up with extra costs due to breach. Although this is rare, it can happen, so it’s important that anyone considering this follows the recommended advice.
Exceptions and alternatives to the notice period
While most employees and employers understand the standard notice period, there are a number of situations where the usual rules don’t strictly apply.
Garden leave
Garden leave is when an employee is instructed to stay home instead of at work during their notice period, but still receives full pay and benefits. This is generally to protect information or prevent immediate competition with the employer.
Negotiation
Notice periods aren’t always set in stone, so employers and employees can always negotiate start and end dates to help employees transition smoothly and allow employers to plan handovers and recruitment.
Employer breach of contract
If an employer fails to honour their notice period, for example, dismiss the employee immediately or without pay, employees can claim for pay in lieu of notice and potential damages of wrongful dismissal.
PILON
Pay in Lieu of Notice (PILON) is defined as a payment made to an employee instead of requiring them to work through their notice period. It provides an immediate exit for the employee and helps the employer avoid disruption. However, this must be allowed under the contract or agreed mutually.
Pay during your notice period
Legally classed employees must be paid their normal wage for any time they work during their notice period. The amount of pay an employee gets often also depends on why they are leaving. For example:
- Dismissed for gross misconduct – the employee is not entitled to any notice period or pay.
- Made redundant – normal pay and notice period.
- Resigning because of unfair dismissal – no notice period required.
- Choosing to resign because they want to – must give the legal minimum notice period in their contract.
How 365 Employment Law can help
Whether you’re planning on resigning, managing employees leaving, or dealing with tricky notice period situations, it’s important to get it right to avoid legal issues. At 365 Employment Law, we provide expert guidance on notice periods and alternatives to help you manage them with confidence. Contact our experts today for help handling notice periods fairly and legally.
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