Answers to the most common questions about UK employment notice periods
Below you will find answers to the questions we are asked most frequently about UK employment notice periods. For a more detailed overview, please read our comprehensive guide. For legal advice specific to your situation, we recommend consulting an employment solicitor or contacting ACAS.
No. An employer cannot refuse to accept your resignation. Resignation is a unilateral act — once you have given notice, the contract will end at the conclusion of your notice period, regardless of whether your employer agrees or not. Your employer might ask you to reconsider, offer you a counter-offer, or express disappointment, but they cannot legally prevent you from leaving.
Your resignation takes effect from the moment it is communicated to your employer (or received, in the case of a letter or email). It is advisable to resign in writing so that there is a clear record of the date. Once you have given notice, you cannot withdraw it without your employer's agreement — so make sure you are certain before you resign.
Yes, you can request to take annual leave during your notice period, and your employer can either approve or decline the request, just as they would at any other time. There is no automatic right to take all your remaining holiday during notice, but most employers will try to accommodate reasonable requests.
Your employer can also require you to take some or all of your accrued but unused holiday during your notice period. They must give you notice of at least twice the length of the holiday they want you to take (for example, two days' notice to require you to take one day's holiday). Any holiday entitlement that remains unused at the end of your employment must be paid out with your final salary.
Your notice period continues to run even if you are off sick. Being on sick leave does not extend or pause your notice period. You will be paid according to your company's sick pay policy — this could be contractual sick pay (full or partial pay) or Statutory Sick Pay (SSP), depending on your entitlement and how long you have been absent.
Your employer cannot dismiss you for being ill during your notice period (unless there are separate grounds for dismissal). Similarly, you cannot use sick leave as a way to extend your notice period beyond the agreed end date. If you are genuinely unwell, you should follow your employer's normal sickness absence procedures.
Generally, no — at least not if you are still under contract with your current employer. During your notice period, you remain employed and bound by the terms of your contract, which almost certainly includes a requirement to devote your working time to your employer. Starting another job while still serving notice could be treated as a breach of contract and potentially as gross misconduct.
However, there are practical ways around this. You could negotiate an early release date with your current employer, use any holiday entitlement to start your new role earlier (with your employer's knowledge), or agree a later start date with your new employer. Many new employers understand that candidates need to serve notice and will wait.
Workers on zero-hours contracts have the same statutory right to give and receive notice as any other employee, provided they have been continuously employed for one month or more. The statutory minimum is one week's notice from the employee to the employer. The contract itself may specify a different notice period.
In practice, the nature of zero-hours contracts means that notice periods are often less formal. If the worker has not been offered any hours recently, giving notice may be a formality. However, it is still good practice to resign in writing to create a clear end date, particularly for matters such as final pay, accrued holiday pay, and references.
Yes. Employees on fixed-term contracts are entitled to the same statutory minimum notice periods as permanent employees, unless the contract states otherwise. If the fixed-term contract includes a notice clause, that clause applies. If it does not, the statutory minimum (one week after one month of service) applies.
If a fixed-term contract simply runs to its end date and is not renewed, this counts as a dismissal for employment law purposes (known as "non-renewal"). The employer should still give the appropriate notice before the contract expires. If the contract is terminated early (before the end date), the employer must give the notice specified in the contract or the statutory minimum, whichever is longer.
This is a personal decision, but there are several factors to consider. Research consistently shows that a significant proportion of employees who accept counter-offers leave within 12 months anyway. The reasons you wanted to leave in the first place — whether related to career progression, management, culture, or work-life balance — are unlikely to be resolved by a pay rise alone.
On the other hand, if the counter-offer addresses your genuine concerns (such as a promotion, new responsibilities, or flexible working arrangements), it may be worth considering. Be aware, however, that accepting a counter-offer can sometimes damage the trust between you and your employer, as they now know you were planning to leave. Think carefully before making your decision, and consider whether the new opportunity still offers better long-term prospects.
Restrictive covenants are clauses in your employment contract that limit what you can do after leaving your job. Common examples include non-compete clauses (preventing you from working for a competitor for a specified period), non-solicitation clauses (preventing you from approaching the company's clients), and non-poaching clauses (preventing you from recruiting former colleagues).
Restrictive covenants typically take effect from your last day of employment, not from the date you give notice. During your notice period, you are still bound by the general duties of your employment contract (including loyalty and confidentiality), but the restrictive covenants usually only start counting down once your employment actually ends. The enforceability of restrictive covenants depends on whether they are reasonable in scope, duration, and geographical area. If in doubt, seek legal advice before signing any new employment contract.
While there is no specific law requiring you to perform a handover, you have a general contractual obligation to carry out your duties reasonably and in good faith during your notice period. This includes cooperating with any reasonable handover arrangements your employer puts in place.
Refusing to cooperate with a handover could theoretically be treated as a breach of contract, and more practically, it could damage your professional reputation and affect the reference your employer provides. It is in your best interest to leave on good terms by preparing thorough handover notes, briefing colleagues on ongoing projects, and being available to answer questions during your remaining time.
Unless your employment contract specifically requires notice to be given in a particular format (such as a signed letter delivered by hand), resignation by email is generally accepted and legally valid. Most employers accept email resignations as standard practice, particularly in workplaces where email is the normal mode of communication.
Resigning by text message is less conventional and may not be viewed favourably, but it is likely to be legally effective if it clearly communicates your intention to resign and specifies your notice period. That said, for the sake of professionalism and clarity, email or a formal letter is strongly recommended. Always keep a copy of your resignation communication, whatever format you use.
Yes. Both parties can mutually agree to a shorter notice period at any time. This is common when, for example, your employer does not need you to work the full notice, or when you have a new job starting soon and would like to leave earlier. The key is that both parties must agree — neither side can unilaterally shorten the notice without the other's consent (unless there is a PILON clause in the contract).
If you agree to leave early, make sure the arrangement is confirmed in writing, including the revised last day of employment and whether you will be paid for the full notice period or only up to the early leaving date. This avoids any confusion about your final pay.
Wrongful dismissal occurs when an employer terminates your employment without giving you the correct notice period (or pay in lieu of notice). It is a breach of contract claim, distinct from unfair dismissal (which is a statutory claim). You can bring a wrongful dismissal claim regardless of your length of service, as it is based on contract law rather than employment law.
The most common scenario is where an employer dismisses you with immediate effect without justification. Unless you have committed gross misconduct (which entitles the employer to dismiss without notice), you are entitled to your full notice period or equivalent pay. If your employer fails to provide this, you can claim damages equal to the salary and benefits you would have received during your notice period. Claims can be brought in the employment tribunal (for amounts up to £25,000) or in the county court for larger sums.
If your employer asks you to leave immediately after you hand in your resignation, this usually takes one of two forms. First, they may place you on garden leave, where you remain employed and paid but do not attend the workplace. Second, they may make a payment in lieu of notice (PILON), where your employment ends immediately and you receive a lump sum covering your notice period.
If your employer simply tells you to leave without offering garden leave or PILON, and your contract does not include a PILON clause, this could constitute wrongful dismissal. You would be entitled to claim your notice pay. In any case, ensure everything is confirmed in writing so you know exactly when your employment ends and what you will be paid.
For a detailed overview of how notice periods work in the UK, including statutory minimums, garden leave, PILON, and redundancy, visit our complete guide to UK notice periods. To calculate your notice end date, use our free calculator.
For advice specific to your situation, consider contacting ACAS (Advisory, Conciliation and Arbitration Service) who offer free, impartial workplace advice, or consult an employment solicitor.