Every employment relationship in Great Britain that has lasted a month or more carries a legal minimum notice period, whatever the contract says. Section 86 of the Employment Rights Act 1996 sets the minimums, and sections 87 to 91 say what pay the employee is owed while notice runs. The provisions apply in England, Wales and Scotland. This is general information, not legal advice.
The minimum an employer must give
For an employee with at least one month of continuous employment, section 86(1) sets the minimum notice an employer must give to end the contract:
- one week if continuous employment is less than two years;
- one week for each complete year if employment is two years or more but under twelve years;
- twelve weeks if employment is twelve years or more.
So someone with five years’ service is owed at least five weeks, and the figure never rises above twelve weeks. Where a contract states a longer period, the longer period applies: GOV.UK says an employee must be given at least the notice in the contract or the statutory minimum, whichever is longer.
The minimum an employee must give
Section 86(2) requires an employee who has been continuously employed for one month or more to give at least one week’s notice. That figure stays at one week however long the employee has worked. When a contract says more, it is the contract term that binds the employee. The statutory figure is the floor, not a cap on what the contract may ask for.
Shorter contractual notice does not override the statutory floor
Under section 86(3), any contract provision for shorter notice takes effect only subject to the statutory minimums. An employer who has a contract clause promising, say, two weeks’ notice to a worker with six years’ service still has to give six weeks. The same subsection preserves two things: either side can waive their right to notice on a particular occasion, and payment in lieu of notice can be accepted. Section 86(4) adds that where an employee has three months’ service on a contract for a fixed term of one month or less, the contract is treated as being for an indefinite period, so the notice rules apply to it.
Pay and rights during the notice period
Sections 87 to 91 protect earnings while notice runs. Under section 88, if the employee has normal working hours, the employer must pay at least the normal remuneration for any part of those hours in which the employee is ready and willing to work but no work is provided, is off sick, is on pregnancy, maternity, adoption, paternity or another listed family-related leave, or is on holiday. Payments such as sick pay or holiday pay count towards that liability. Section 89 does the equivalent for employees without normal working hours: at least a week’s pay for each week of notice, provided the employee is ready and willing to do work of a reasonable amount.
Section 91 lists limits. No payment is due under sections 88 or 89 for absences taken with the employer’s agreement at the employee’s request, or where an employee who has given notice takes part in a strike before the contract ends. If an employer rightfully treats an employee’s breach as ending the contract, no payment is due for the period after that termination.
Payment in lieu and dismissal without notice
Section 86(6) states that the section does not affect either party’s right to treat the contract as terminable without notice because of the other’s conduct. GOV.UK gives violence as an example of a situation in which dismissal can be immediate. Otherwise, an employer who ends the contract without the required notice is in breach, and section 91(5) says the rights in sections 87 to 90 are taken into account when assessing liability for that breach. Payment in lieu of notice is lawful where the contract allows it or the employee accepts it. On GOV.UK’s redundancy page, an employee paid in lieu should receive all the basic pay they would have earned during the notice period, plus contractual extras such as pension contributions.
The written reasons for a dismissal
Section 92 gives a dismissed employee the right to a written statement of the reasons if they ask for one and have at least two years’ continuous service. The statement must arrive within 14 days of the request. The right applies without a request, and regardless of service length, if the employee is dismissed while pregnant or in circumstances where a maternity leave period ends because of the dismissal. For the wider question of when a dismissal may be unfair, see our guide to unfair dismissal claims, and for pay on a redundancy, see redundancy rights.
FAQs
Does the statutory minimum apply in my first month?
No. The section 86 minimums apply to those continuously employed for one month or more; a shorter period of service is governed by the contract.
Can my employer and I agree to skip notice?
Yes. Section 86(3) says either party may waive notice on an occasion or accept a payment in lieu, but a contract term simply setting less than the statutory minimum does not bind.
Are these rules different in Scotland?
The provisions of section 86 are marked as applying to England, Wales and Scotland, so the same statutory minimums apply across Great Britain.
The bottom line
The statutory minimums are simple: one week from an employee, and from an employer one week per complete year of service up to twelve weeks. The contract can promise more but not less. During notice, sections 88 and 89 protect the employee’s pay when work is not provided or when they are off sick or on family leave, and a dismissed employee with two years’ service can ask for written reasons within a 14-day response time.
Sources
- legislation.gov.uk, “Employment Rights Act 1996, section 86”
- legislation.gov.uk, “Employment Rights Act 1996, section 88”
- legislation.gov.uk, “Employment Rights Act 1996, section 89”
- legislation.gov.uk, “Employment Rights Act 1996, section 91”
- legislation.gov.uk, “Employment Rights Act 1996, section 92”
- GOV.UK, “Redundancy: your rights, notice periods”
- GOV.UK, “Dismissal: your rights”