What is a notice period?
A notice period is the length of time that you are expected to give your employer before resigning. Employers also need to give notice to employees before the termination of a contract.
For employees resigning, there isn’t a set notice period that all workers should follow. The length depends on how long the employee has been in their job and what the contract says. If you have been employed for one month or more, the minimum notice period required by law is one week. However, it is likely that employers will want more notice. The specific details of this should be found in the terms of your employment contract.
During the notice period, you are entitled to the same pay and contractual benefits.
Do you have to work your notice period?
As an employee, you can try to agree on a shorter notice period with your employer. However, the employer is under no obligation to allow for a shorter notice. If an agreement isn’t reached the employee must work the notice period.
Employees can refuse to work the notice period that is required by the employment contract. However, by doing so they will potentially be breaching their contract. If the contract is breached, the employer can then take action against the employee. This is especially the case if a financial loss is encountered because of the early departure.
Garden leave
Depending on the industry and your role in the company, you may be asked to take garden leave (sometimes known as ‘gardening leave’). During garden leave, you will continue to be paid but cannot attend your workplace. This protects the employer from losing sensitive information about the company. However, the employee must remain on standby, should the employer require their services.
As the employee is still under contract during their garden leave period, they cannot start work at a new job. The employer cannot force you to go on garden leave if there’s no mention of it in your contract.
Employment law specialists
For advice on employment law matters, contact our employment law team at Rothera Bray on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
