How long is the UK notice period? Statutory vs contractual

The statutory minimum: Employment Rights Act 1996, s.86

The Employment Rights Act 1996, section 86, sets the floor for notice periods in England, Scotland and Wales. As an employee, the statutory minimum your employer must give you scales with your length of continuous service.

The minimum you must give in return is shorter: just one week of notice once you have completed one month of continuous service, regardless of how long you have been there overall.

These statutory figures are a floor, not a ceiling. Your contract can require more — and most do — but it cannot require less than the statutory minimum.

• Less than 1 month service: no statutory minimum either way.
• 1 month to 2 years service: employer must give 1 week; you must give 1 week.
• 2 to 12 years service: employer must give 1 week per complete year; you must still give 1 week.
• 12+ years service: employer must give 12 weeks (the statutory cap); you must still give 1 week.

The contractual notice period: usually longer

In practice, most UK employment contracts override the statutory minimum with a longer figure. ACAS guidance and standard contracts treat the contract as the operative number unless it would fall below the statute.

Typical ranges by role: one week to one month for entry-level and hourly roles; one to three months for mid-level professional roles; three to six months for senior management and executive positions; six to twelve months for board-level or specialist technical roles.

Whatever the contract says is what you must give — provided it is at or above the statutory minimum. If your contract specifies three months and you have been there eight years, you give three months (the longer figure wins).

What if your contract is silent?

If you do not have a written contract, or the contract genuinely says nothing about notice, the statutory minimum applies by default. That is one week from you, and the sliding scale above from your employer.

Courts can sometimes imply a "reasonable" notice period beyond the statute for senior roles, based on seniority, responsibility, and industry custom. This is rare and usually only litigated in disputes — if it matters to your case, take specialist advice rather than relying on a general guide.

It is worth asking HR for a copy of your written statement of particulars. By law, your employer must provide one within two months of you starting (Employment Rights Act 1996, s.1), and it should state your notice entitlement.

How to calculate your last working day

Once you know the figure, the calculation is straightforward. Notice runs from the day after you hand the letter in, unless your contract says otherwise. Holiday and sick leave do not pause the clock in the UK.

A worked example: if your contract requires one month and you deliver your letter on 1 June, your last working day is 1 July. ACAS guidance suggests stating the last working day explicitly in the letter to avoid ambiguity.

1. Find the notice figure in your contract.
2. Confirm it is at or above the statutory minimum for your service length.
3. Count forward from the day after you hand in the letter.
4. Write the last working day explicitly in your resignation letter.