How to Work Out Notice Period UK

Quick answer

To work out a notice period in the UK, identify three things: the date notice is given, the notice unit in your contract (days, weeks, or months), and the length of notice. A 4 weeks notice period is 28 calendar days from the date notice is given. A 1 month notice period ends on the matching calendar date in the following month. Statutory minimum notice for employees is one week per full year of service, up to a maximum of 12 weeks.

Notice period types explained

Worked example: 1 month notice period

Worked example: 4 weeks vs 1 month

As the table shows, a 1 month notice period and a 4 weeks notice period can produce different end dates. Always check your contract wording carefully.

Statutory minimum notice: Employment Rights Act 1996, section 86

Section 86 of the Employment Rights Act 1996 sets out the statutory minimum notice that must be given where someone has been continuously employed for one month or more. The employer must give:

• Less than 2 years' service: not less than one week's notice (section 86(1)(a)).
• 2 years to under 12 years' service: not less than one week's notice for each year of continuous employment (section 86(1)(b)) - so 5 years' service means at least 5 weeks.
• 12 years or more service: not less than twelve weeks' notice (section 86(1)(c)).

The employee's own minimum notice is shorter: under section 86(2), an employee who has been continuously employed for one month or more must give at least one week's notice, regardless of length of service. Section 86(3) says any contract term providing for shorter notice takes effect subject to those minimums, but it also makes clear the parties can waive notice or accept a payment in lieu of notice. Your employment contract may provide a longer notice period than the statutory minimum - the contractual notice period takes precedence if it is more generous to the employee. The employer cannot contract below the statutory minimum.

Payment in lieu of notice and gross misconduct

Section 86(3) expressly allows the parties to accept payment in lieu of notice (PILON) - the employer pays the employee for the notice period instead of requiring them to work it. Where a contract contains a PILON clause, the employment can end immediately on payment; without a clause, a payment in lieu may technically be a breach of contract that the parties agree to by conduct. Section 86(6) preserves the right of either party to treat the contract as terminable without notice where the other party's conduct justifies it - the classic example being summary dismissal for gross misconduct, which requires no notice period at all.

Rights during the notice period

Section 87 of the Employment Rights Act 1996 brings into play sections 88 to 91, which govern what an employee is entitled to be paid during the notice period. In broad terms, an employee who is ready and willing to work during their notice period retains rights to pay and other contractual benefits, subject to the detailed rules in those sections. This matters when calculating notice: the notice period is not just a date on a calendar but a period during which pay and benefits continue to accrue.

When does notice actually start?

Notice runs from the day it is given and received, unless the contract says otherwise. For employment, notice is generally effective when it is communicated - handing in a letter, or the employer receiving your written resignation. Check your contract: some specify that notice only takes effect when received, not when posted, and some require notice to align to a particular day. For tenancies, notice is typically effective from the day it is served in the correct form, which is why getting the service date right is as important as the notice length itself.

Tenancy notice periods

For assured shorthold tenancies in England, a landlord must give at least 2 months notice under section 21 of the Housing Act 1988 (as amended). Tenants typically give 1 month notice, but always check your tenancy agreement. Note that tenancy rules are subject to change - the Renters' Rights Bill may alter notice requirements when it becomes law. Use the tenancy notice period calculator for a planning estimate, but verify against current legislation.

Step-by-step: calculating a notice period

1. Find the date notice is given. This is usually the date you hand in your notice or the date your employer receives it in writing. Check your contract - some specify that notice is only effective when received, not when sent.
2. Check the unit. Does your contract say days, weeks, or months? "One month's notice" means a calendar month, not four weeks.
3. Calculate the end date. For days, add the number. For weeks, multiply by 7. For months, use the matching date.
4. Handle month-end edge cases. If notice is given on the 31st and the target month has only 30 days, the notice ends on the 30th. If given on 31 January, it ends on 28 February (or 29 in a leap year).
5. Check for weekends and bank holidays. Unless your contract says otherwise, a notice period that ends on a Saturday, Sunday, or bank holiday does not automatically extend to the next working day. Check your contract or employer policy.
6. Confirm in writing. Keep a record of the notice date, the calculation, and any confirmation from HR or your landlord.

Key takeaways

• 4 weeks notice = 28 calendar days; 1 month notice = matching calendar date next month.
• Statutory minimum employment notice is 1 week per year of service (max 12 weeks) under the Employment Rights Act 1996, section 86.
• An employee's own minimum notice is just one week (section 86(2)), however long they have worked.
• Always check whether your contract specifies days, weeks, or months - the difference can be several days.
• Tenancy notice rules differ from employment rules and are subject to legislative change.
• If in doubt, use a notice period calculator and confirm the result with HR, your landlord, or official guidance.

References

• Employment Rights Act 1996, section 86 (legislation.gov.uk)
• Employment Rights Act 1996, section 87 (legislation.gov.uk)
• GOV.UK - Handing in your notice
• GOV.UK - Ending your tenancy
• Housing Act 1988, section 21 (legislation.gov.uk)