What is a Notice Period ?

The notice period is between the resignation date and the last day of employment. It is the time the worker must give before deciding to leave and leave the job. It is important because it ensures a smooth transition from one job to another. 

There is no common rule regarding when and how to give a notice period in case of dismissal. It can be a week's notice or three months, depending on the employment contract or the employee handbook, as specified by the employer. 

The basic employment law requires a person to give a week's notice once you have worked somewhere for a month. It can be one week for every full year you have worked for the firm, up to 12 weeks if you have been there for 12 years. 

Notice period refers to the time the employee gives to the company before he decides to quit the job until he stops working. 

Generally, one can give a week's notice. Still, for regular and contractual workers, the employer can set out terms and conditions of employment that can be longer (or shorter) than the statutory notice period.

What Is a Notice Period?

Modern employment contracts often have clauses for ending the contracts and notice period. You must provide written notice to avoid a breach of contract. When you leave a job, you give notice to the employer; when you are terminated, the employer is obliged to give notice.

It can be a statutory notice period with a legal minimum amount of notice that you must give but not less, and a statutory minimum notice period is followed if you do not have a written contract. 

Those who worked for less than a month do not need to give notice. Employees who have worked for a month up to two years get one week's notice. If the employee resigns, they must give one week's notice to the boss. 

Those working for over two years must add a week every year for 12 years. So it would be best to give 12 weeks' notice for 12 years or more job term. Most job contracts have one or two months notice period, while the employer cannot force you to leave before the notice period. 

Employees can be dismissed without notice when found guilty of misconduct or other legal offence. The employer must pay the wages over the notice period; however, there are different rules for employees, and in some situations, the employee is not obligated to come to work during this duration. 

If you have statutory rights, the employment contract cannot take away the statutory rights. In case of statutory notice, if you work your normal hours, you get full pay even for holidays or offs due to medical reasons. 

You get the work benefits (pension contribution, perks); when you have been laid off or have to stay at home, there isn't any work for you to do. 

What Is a Notice Period on A Job Application?

These days, job contracts come with clauses for termination. The term notice period in a job application applies in case you are already employed. 

It wants you to mention how much time you need to notify the current employer. The employer wants to know when and how you must give notice to end the previous job tenures on good terms. 

What Is Your Availability or Notice Period?

In the job interviews, the employer may ask questions like your availability or notice period. They want to know if you are currently employed and how much time will be required to leave the current job and join the new one. 

You may have to give your current boss one or two weeks' notice, or you can state you will be available as soon as you receive the job offer. 

What Is the Notice Period When Applying for A Job?

The work agreement must clarify the notice period strategy that transfers the worker and employer's commitments. There must be a timeline for the employee termination process to ensure a smooth transition to the next stage. 

During the notice period, the employer can start hiring replacements; it is the time to tie the loose ends to finish projects and make your coworkers adjust to the changed work scenario. 

What Is Your Notice Period Mean?

The employment contract mentions the notice terms and related clauses, and the employer and employee agree upon and sign the contract, though the contract still stands whether signed by both or not. 

The worker needs to provide the terms of notice if they want to quit the job. What does your notice period mean when your boss knows about your departure from the company? 

What Is a Contractual Notice Period?

The probationary notice period is shorter than regular employment and is given when the employee is on probation. The notice period mentioned in an employee employment contract is called the contractual notice period.  

In the case of contractual notice, the terms of the contract may allow more ( or less) than statutory benefits. If the job is less than a month, you do not give notice unless the contract or terms and conditions require you to. 

The notice period must be written in the employment statement and issued to the employee within two months of starting the work. 

The employer must give a week's notice to an employee who has worked continuously for one month or more and less than two years. Normally, the same rule applies (as for statutory) for workers who have worked continuously for more than 2 years; one week is added every year, and the maximum is up to 12 weeks. 

In case of dismissal, the notice period starts the day after you have been informed that you are dismissed unless other terms are mentioned in the employment contract. 

For example - if you are offered a dismissal letter on Monday and you read the letter till Wednesday, your notice period starts on Thursday. 

If you have been dismissed for serious misconduct, like violence or stealing, you can apply to the employment tribunal to get the notice paid against wrongful dismissal. 

The Notice Period for Resignation

The company needs the notice period for resignation to plan, recruit new employees to handle your work, and ensure your resignation does not affect the overall work. 

The legal minimum statutory notice includes the period you need to ensure the work is not affected; for example - the project is completed on time and the deadlines are met. The company needs someone to cover your work. 

If the employee does not work for the notice period, their employer is not legally bound to pay them for the notice period because not working is considered a breach of contract. 

Contractual Notice Period

Those working on fixed-term contracts agreed to a certain length of time do not need to give notice at the end of the job. 

They can work up to the last day and leave without prior notification to the employer, but if they want to leave before the termination of the contract, they must give a week's notice, especially if they have worked for a month or more than a month. 

The same rules apply to employers giving permanent jobs. The employer must provide fair reasons for not renewing the contract if the employee has worked for two years or more.  

The Notice Period for Employees

The statutory notice period is for employees who resign in a business week if they worked for a month or more. In the case of a contractual notice period, the employer determines the notice period, or it is defined in the contract. 

If the amount of notice is not mentioned in the contract, the employee must work during the statutory notice period. 

Suppose you hand over your resignation and are desperate to leave the job position and terminate the contract before the full notice period; in that case, you can speak to the employer and explain why you want to leave early (like you need to take up a new position). If you leave before the notice period, the employer is not obliged to pay for the duration. 

How Long Is Your Notice Period?

In the UK, if you leave the job after a conversation with your boss, you must provide an official letter to inform the company that you desire to leave, clearly mentioning the last day of employment. 

The amount of time you need to give an employer differs in different countries. In the UK, if you have a permanent job, the statutory redundancy notice period rules apply to both the employee and the employer. The employer may give more time, more than 12 weeks if the job position is redundant. 

In the US, workers join "at will," and the contracts are not legally bound to a notice period. The employee gives a week's notice period before leaving the job and is not legally bound to give notice but may give two weeks' notice when the employee is laid off and the job is eliminated. 

Is A Notice Period Legally Binding?

In the UK, Section 86 of the Employment Rights Act 1996 ensures employees are not forced to leave earlier, or they can file for unfair dismissal in the employee tribunal if that happens. 

Employees are contractually obliged to work during the notice period. Still, sometimes the employee is not able to work, for example -  in conditions when they have to start a job somewhere else or are not physically present due to other reasons; if the employee leaves without working the notice period, the employer must confirm in writing that they have released the employee from the notice period early and this ends the employment contract, which means, the employer need not pay for the unexpired part of the notice period. 

Employees can be given notice to ensure they leave as soon as possible and asked to complete the projects they are working on so the worker and employer can negotiate and create a situation to suit the requirements of both parties. 

Contractually, the employee is obligated to work their notice period. Nevertheless, in some situations, the employer may not want the worker to work the notice period, or the employee may refuse to come to the office during the notice period. 

If the worker wants to leave with immediate effect due to disagreement with management or personal reasons, or if the employer wants to replace the employee they feel underperformed or are leaving for a competitor, then the notice period can be waived in the best interests, in agreement with the employer and the worker. 

Both parties must agree to the terms to avoid later claims related to unpaid wages or breach of contract. 

One can take legal steps if the former employee doesn't pay for the notice period, pays less, or asks you to leave without giving you pay instead of notice. In case of wrongful dismissal, you can seek legal guidance and compensation.

Can I Refuse to Work My Notice Period?

Even when the employee refuses to work during the notice period, they are entitled to get full payment till the last day they have worked, including bonuses, unpaid holiday entitlements, and leave encashments. 

Employees who cannot be forced to work the notice period if they are suffering health problems, if the notice period is the same as statutory or less than a week more than statutory, are entitled to get full pay despite absence due to sickness. If the contractual notice period is greater than statutory by a week or greater than a week, the employee is entitled to get the payment for statutory sick pay at their regular pay rate for sick leave. 

Some employers would like the employee to leave quickly and not work on their project, especially if the worker is leaving for a competitor; in that case, they can place the employee on garden leave where they get the normal pay, but they do not need to come to the office. 

There are other clauses like pay in lieu notice (PILON), where the employer ends the employment before the workers' notice period. However, they are entitled to get the notice paid with the final salary, and the employment contract ends when the notice is given.  

When the staff signs or is issued a job contract, it creates a legal obligation to fulfil the notice where they need to work their notice period. If the employee breaches the contract, the employer can take legal action and claim damages suffered by the business because of the employee not working their notice period. 

If the employer refuses to pay during the notice period, he may not be legally obliged to pay if you breach the employment contract.

The terms of termination and related clauses must be mentioned in the employment contract to prevent disputes. Certain damages are not easy to prove, like financial losses suffered by the company. 

Still, the employer can explain and present supporting documents to show the losses or the cost of hiring a replacement. The court may not force the employee to work the notice period. 

However, the company may have to pay the usual benefits earned up to the last day of employment, for example, the pension contribution or the paid holiday entitlement.