Work and Employment
Check your notice period when resigning
Summary
Ask your employer if they’ll agree to reduce your notice period. Reassure them that leaving early won’t cause them any problems - for example, agree to finish any urgent work. It can be worth reminding them that letting you leave early will mean they don’t have to pay you for as long. If your employer doesn’t agree, but you want to leave early anyway, think about whether this would cost them any money. For example, if they’d need to get expensive agency staff to replace you at short notice, they could take you to court. If you leave early, your employer still has to pay you for work you’ve done. If your employer refuses to pay, check what you’re owed and how to get it. You don’t need to give notice if you want to leave on the last day of your contract. If you want to leave before the last day of your contract, check if the contract says you can give notice. If it doesn’t say anything, you should give at least 1 week’s notice. You should get your full normal pay if you work during your notice period. This should include any work benefits you get, such as pension contributions or free meals. If you’re off sick or on maternity leave, paternity leave or adoption leave you’ll only get.
Key information
- Ask your employer if they’ll agree to reduce your notice period. Reassure them that leaving early won’t cause them any problems - for example, agree to finish any urgent work. It can be worth reminding them that letting you leave early will mean they don’t have to pay you for as long.
- If your employer doesn’t agree, but you want to leave early anyway, think about whether this would cost them any money. For example, if they’d need to get expensive agency staff to replace you at short notice, they could take you to court.
- If you leave early, your employer still has to pay you for work you’ve done. If your employer refuses to pay, check what you’re owed and how to get it.
- You don’t need to give notice if you want to leave on the last day of your contract.
- If you want to leave before the last day of your contract, check if the contract says you can give notice. If it doesn’t say anything, you should give at least 1 week’s notice.
- You should get your full normal pay if you work during your notice period. This should include any work benefits you get, such as pension contributions or free meals.
- If you’re off sick or on maternity leave, paternity leave or adoption leave you’ll only get whatever you would have been normally paid in those circumstances. For example you might only get statutory sick pay if you are off sick.
- If you’re off work for the whole of your notice period you might be able to get full pay for 1 week. Talk to an adviser if you’re in that situation.
- If you don’t get paid for working your notice period, check how to get the wages you’re owed.
- Your employer should pay you as usual until the end of your notice period when your contract ends. This is sometimes called garden leave.
- On garden leave you’ll be paid at your usual times in your usual way - you’ll also pay your usual tax. You should keep all your perks and benefits, such as pension contributions or personal use of a company phone.
- If you’re on garden leave, check if there are any extra rules in your contract. Some contracts say you can’t start another job while you’re on garden leave
Practical guidance
Related topics
Sources
- Citizens Advice — Check your notice period when resigning —
raw/citizens-advice/work-check-your-notice-period-when-resigning.md
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.
