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Notice period calculator
The statutory minimums, both directions. A contract can give more than these, never less, and where it gives more, the longer period applies.
How it is worked out
After one month's service an employer must give at least one week's notice, rising to one week per complete year from two years' service, capped at twelve weeks. The employee's statutory minimum to the employer stays at one week throughout, which is why sensible contracts set a longer employee notice in writing.
Statutory notice against contractual notice
Two figures apply to every employee and the longer of them wins. The statutory minimum rises with service. The contractual notice is whatever the contract says. Where a contract is silent, statutory applies. Where a contract gives less than statutory, the statutory figure applies anyway and the clause is simply unenforceable to that extent.
The trap is a contract that looked generous when it was signed. One month each way is more than statutory for someone with three years in. By year five the statutory minimum has overtaken it, and by year eight it is double. Nobody notices because nobody re-reads the contract, and the first time it comes up is when someone is being dismissed.
Pay in lieu of notice
You can only pay someone in lieu of notice if the contract allows it, or if they agree. Without a clause, terminating immediately and paying the money is technically a breach, which is usually academic but occasionally is not, because it can release the employee from restrictive covenants in the contract. If you have covenants worth having, you want a payment in lieu clause.
Notice and the January 2027 change
From 1 January 2027 the qualifying period for unfair dismissal drops to six months, so getting notice right matters for a far larger share of your workforce. Notice itself does not make a dismissal fair, but getting it wrong adds a breach of contract claim to whatever else is being argued about, and it is entirely avoidable.
Common questions
What is the statutory minimum notice period in the UK?
One week after a month's service, then one week for each complete year from two years, up to a maximum of twelve weeks. An employee's own minimum notice to the employer stays at one week.
Can a contract give less notice than the statutory minimum?
No. The statutory minimum applies regardless, and a shorter contractual period is unenforceable to that extent. A contract can always give more.
Do I have to pay notice if I dismiss for gross misconduct?
Not usually. A dismissal for gross misconduct can be without notice, but the finding of gross misconduct has to survive a fair process, and getting that wrong turns it into a wrongful dismissal claim on top of anything else.
Can I pay someone instead of working their notice?
Only if the contract contains a payment in lieu clause or the employee agrees. Without one, it is a breach of contract and can release the employee from restrictive covenants.
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