Your notice period during dismissal

Your job won’t always end straight away if you’re dismissed - you’ll stay at work for a time and keep getting paid. This is called your notice period. It’s usually at least a week long.

Check when your notice period starts

If your employer tells you in person that you’re being dismissed, your notice period usually starts the day after you're told you’re dismissed unless your contract says something different. So if you're given a week's notice on Monday, it starts on Tuesday and finishes the following Monday.

If your employer dismisses you by letter or email, your notice period starts on the day after you read it unless your contract says something different. So if your employer sends you on Monday a letter giving you a week’s notice but you don’t read it till the Wednesday, the notice starts on Thursday and finishes the following Wednesday.   

If your employer tells you not to come to work for your notice period they still have to pay you for it.

It’s worth checking you’ve got the right notice period and that you’ve been paid for it. 

Once you’ve checked what you’re owed there are steps you can take if your employer doesn’t pay you correctly.

If your employer dismisses you for serious misconduct

Your employer doesn’t have to give you a notice period if they dismiss you for ‘gross misconduct’ - for example violence or stealing.

Employers sometimes try to avoid giving their employees the correct notice by saying they’re dismissed for gross misconduct.

If you think you’ve been wrongly dismissed for gross misconduct, you can apply to the employment tribunal for the notice pay you should have got. This is called ‘wrongful dismissal’. It doesn’t matter how long you’ve been employed.

You must start the process of applying to the tribunal within 3 months minus 1 day from when your employment ended. Check if you can apply to the employment tribunal.

Find out what notice period you get

The minimum notice your employer can give you is called ‘statutory notice’. You'll get at least your statutory notice even if your contract says you get less.

You’re entitled to statutory notice if both of the following apply:

• you’ve worked for your employer for at least a month

• you’re an employee

You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.

If you’re not sure if you’re an employee, check your employment status.

If you’re entitled to statutory notice, your minimum amount of notice is:

Check your contract for a notice period

Look in your contract or staff handbook for a notice period. You might get this even if you aren’t entitled to statutory notice. For example, your contract might say everyone gets at least 4 weeks’ notice. This is called contractual notice. 

You'll get contractual notice if it's longer than any statutory notice you're entitled to. If your statutory notice is longer, or they're the same length, you'll get statutory notice instead.

Your contract can be written, a verbal agreement or what normally happens in your company. It might also be called your 'terms and conditions'.

Contact your nearest Citizens Advice for help if you’re not sure what notice you get, or if you don’t get statutory or contractual notice.

Enghraifft

Alice and Mo both have contracts saying they get 4 weeks of contractual notice.

Alice has worked for her employer for 2 years. This gives her 2 weeks of statutory notice. Her contractual notice is longer, so if she’s dismissed she gets 4 weeks’ notice.

Mo has worked for his employer for 6 years. This gives him 6 weeks of statutory notice. This is longer than his contractual notice period, so if he’s dismissed he gets 6 weeks’ notice.

Pay in your notice period

What you’re paid in your notice period depends on whether you get statutory notice or contractual notice. If you’re entitled to both, you’ll get whichever is longer. If they’re the same length, you’ll get statutory notice pay.

If you get statutory notice

You’ll get your full pay if you work your normal hours in your statutory notice period. This should include any work benefits you get, such as pension contributions or use of a phone.

You’ll still get your full pay if you’re:

• on holiday

• off work because of sickness or injury  - even if you’d normally get less than your full pay

• off work because of pregnancy, maternity leave, paternity leave, adoption leave or parental leave  - even if you’d normally get less than your full pay

• told to stay at home because there isn’t any work for you to do - for example if you're laid off or on short-time working

You might be getting another type of pay while you’re not at work - for example statutory maternity pay or statutory sick pay. You’ll keep getting this, and your employer will top it up so you get your full pay.

You won’t be paid for any days you’re on strike in your notice period.

Contact your nearest Citizens Advice if you’re not sure what your notice pay should be - for example if you don’t have regular hours that you work each week.

If you get contractual notice

You’ll get contractual notice if your contract gives you more than the statutory amount of notice. Usually having more notice is better for you, as you’ll be paid for longer before you leave your job. 

If you aren’t at work during contractual notice you could get less than your full pay. Instead of your full pay you’ll get what you’d normally be paid for that absence - for example statutory sick pay if you’re off sick. This is different from statutory notice, where you get your full pay even if you’re not at work. 

If your employer tells you to leave straight away

You’ll get the same notice pay if your employer wants you to stop working as soon as they dismiss you. You’ll either:

• get all your notice pay at once and have your job end straight away - this is called pay in lieu of notice, or PILON

• be paid as usual until the end of your notice period without having to come to work - this is called garden leave

Holiday in your notice period

You can ask to take holiday in your notice period, but it’s up to your employer to decide if you can take it. If you go on paid holiday in your notice period you’re entitled to your usual wage. 

When you leave you’ll be paid for any holiday you have left over from your first 28 days of holiday entitlement. If you get more than 28 days a year (including bank holidays), check what your contract says about leftover holiday.

If your employer tells you to use your holidays 

Your employer can tell you to use up any holiday you have left over. They’ll also need to tell you when to take it. 

Check your contract to see how far in advance your employer should tell you to take holiday. If there’s nothing in your contract, they need to give you at least 2 days’ notice for each day of holiday. For example, if they want you to take 5 days’ holiday, they have to tell you at least 10 days in advance.

Solving problems with your notice pay

There are steps you can take if your former employer:

• doesn’t pay you for your notice period

• doesn’t pay you the right amount

• tells you to leave straight away but doesn’t give you pay in lieu of notice

These situations are called ‘wrongful dismissal’. Check how you can get your notice pay if you’re wrongfully dismissed. 

Contact your nearest Citizens Advice as soon as you can if you’ve been wrongfully dismissed and you need help getting your notice pay. Take your contract with you if you visit your nearest Citizens Advice.

If your employer decides not to dismiss you

If your employer changes their mind after they've dismissed you, it's up to you if you want to stay.

If you agree to stay, you can keep working for them.

If you don't agree to stay, you can leave at the end of your notice period.