What notice must employers give, and when can they use garden leave?
After one month's service, employers must give at least one week's statutory notice, rising to one week per full year from two years' service, up to 12 weeks after 12 years. A longer contractual notice period applies if the contract says so. Garden leave means telling an employee not to work some or all of their notice while paying them as usual.
Statutory minimum notice
Employers can give more than the statutory minimum but not less. Contractual notice may be in the contract, the written statement of employment particulars or a staff policy. An employee with at least one month's service must give at least one week's notice.
- 1 month to 2 years' service: 1 week
- 2 to 12 years: 1 week for each full year worked
- 12 years or more: 12 weeks
Payment in lieu of notice
If the contract has a payment in lieu of notice (PILON) clause, the employer may be able to end employment straight away and pay for the notice period, depending on the wording. Without a clause, the employer can ask the employee to agree, but cannot force PILON. Acas says dismissing someone sooner than their notice period ends could lead to a breach of contract claim.
Garden leave
Acas describes garden leave as an employer telling an employee not to work part or all of their notice, for example to keep them away from sensitive or confidential information they could use in a new job. The employee remains employed and must be paid as usual, including contractual benefits.
Exceptions
Where there is gross misconduct, the employee is not entitled to statutory notice or pay for it, although a fair procedure should still be followed. Either side can waive notice or agree a shorter period, which Acas suggests confirming in writing. Not giving proper notice can lead to a wrongful dismissal claim.
The law
“is not less than twelve weeks' notice if his period of continuous employment is twelve years or more…”
“from waiving his right to notice on any occasion or from accepting a payment in lieu of notice…”
Sources
- Dismissal or redundancy - Notice periods · Acas
- When an employee does not have to work notice - Notice periods · Acas
- Dismissing staff · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
What employers can do
- Check both the statutory minimum and the contractual notice period and apply the longer
- Review contracts for PILON and garden leave clauses
- Confirm the notice start date and leaving date in writing
- Continue full pay and contractual benefits during garden leave
- Put any agreement to shorten or waive notice in writing
Recent tribunal decisions on this topic
Tribunal tracker- Parravox Ltd (In Voluntary Liquidation) Breach of contractTransfer of undertakingsUnfair dismissal Read the decision on GOV.UK
- Dedienne Aerospace UK Ltd Breach of contractDisability discriminationUnlawful deduction from wages Read the decision on GOV.UK
- TBG Flex Ltd Breach of contractPublic interest disclosureRace discrimination Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
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- What are the rules on redundancy consultation? Employers should consult every affected employee before deciding on redundancies. If 20 or more redundancies are proposed at one establishment within 90 days, collective consultation with representatives must begin at least 30 days (45 days for 100 or more) before the first dismissal, and form HR1 must be submitted. Failure can lead to a protective award of up to 180 days' pay per employee.