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Contracts & Leaving

What is a Statutory notice period?

Updated 18 Aug 2026 5 min read

The statutory notice period is the minimum notice a UK employer must give an employee before ending their employment: at least one week after one month of service, then one week for each complete year, capped at 12 weeks. The contract may provide more, and whichever is greater applies.

This glossary article about statutory notice period provides general information about Australian employment law and workplace practices. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.

How much notice is required

Length of serviceMinimum notice from the employer
Less than 1 monthNone required by statute
1 month to 2 years1 week
2 to 12 years1 week for each complete year
12 years or more12 weeks (the cap)

So an employee with five complete years is entitled to five weeks; one with fifteen years is entitled to twelve, because the statutory entitlement stops increasing at twelve.

Statutory vs contractual

The statutory period is a minimum. A contract can give more and frequently does, particularly for managers and senior staff. Where the two differ, the longer applies — a contract cannot reduce notice below the statutory floor.

Worth noting alongside this: from 1 January 2027 the qualifying period for unfair dismissal drops to six months under the Employment Rights Act 2025, which changes the risk profile of dismissals well before the two-year point most employers currently work to. See our guide to the Act.

Pay during the notice period

Notice is normally worked and paid as usual. Where the contract allows, an employer may make a payment in lieu instead. Either way the final pay must include everything owed for hours worked plus any accrued but untaken statutory holiday.

Getting the accrued holiday balance right at the leaving date is the part that most often goes wrong, especially for irregular-hours staff accruing at 12.07% — our offboarding feature keeps the hours and holiday records that final pay is calculated from. The employer side of this — how notice interacts with dismissal, PILON and gross misconduct — is covered in notice periods and dismissal.

RosterElf Team

Written by

RosterElf Team

Workforce Management Specialists

The RosterElf team comprises workforce management specialists with deep expertise in Australian employment law, rostering best practices, and payroll compliance. Our team works directly with businesses across hospitality, healthcare, retail, and service industries to develop practical solutions for common workforce challenges.

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