What Is Statutory Notice?
Statutory notice is the minimum amount of advance warning your employer must give you before your employment ends due to redundancy. This applies whether you are being made redundant, dismissed, or your fixed-term contract is not being renewed.
The statutory minimum notice period is set by law under the Employment Rights Act 1996. Your employer cannot give you less notice than this, although your employment contract may entitle you to a longer notice period.
During your notice period, you remain employed and continue to receive your normal pay and benefits. Alternatively, your employer may choose to make a payment in lieu of notice (PILON), which means they pay you for the notice period but your employment ends immediately.
Statutory Notice Periods by Years of Service
The table below shows the statutory minimum notice period based on how long you have been employed by the same employer continuously:
| Length of service | Minimum notice |
|---|---|
| Less than 1 month | None |
| 1 month to 2 years | 1 week |
| 2 years | 2 weeks |
| 3 years | 3 weeks |
| 4 years | 4 weeks |
| 5 years | 5 weeks |
| 6 years | 6 weeks |
| 7 years | 7 weeks |
| 8 years | 8 weeks |
| 9 years | 9 weeks |
| 10 years | 10 weeks |
| 11 years | 11 weeks |
| 12+ years | 12 weeks (maximum) |
The rule is straightforward: after your first 2 years of employment, you receive 1 week's notice for each complete year of service, up to a maximum of 12 weeks.
Statutory vs Contractual Notice
There is an important distinction between statutory notice and contractual notice:
Statutory notice
This is the legal minimum set by the Employment Rights Act 1996 and applies to all employees regardless of what is written in their contract. Your employer can never give you less than the statutory minimum.
Contractual notice
Your employment contract may specify a notice period that is longer than the statutory minimum. For example, it is common for contracts to require 1 month's notice for junior roles, 3 months for mid-level positions, and 6 months or more for senior roles. If your contractual notice period is longer than the statutory minimum, you are entitled to the longer of the two.
If your contract specifies a notice period that is shorter than the statutory minimum (or does not mention notice at all), the statutory minimum still applies.
Your Rights During the Notice Period
While serving your notice period after being made redundant, you are entitled to:
- Normal pay — your usual salary, including any regular overtime, commission or shift allowances
- Benefits — all contractual benefits continue, including pension contributions, private health insurance and company car
- Holiday entitlement — you continue to accrue holiday and any unused holiday must be paid when your employment ends
- Time off to look for work — if you have 2+ years' service, you have a legal right to reasonable paid time off to look for new employment or arrange training
Pay in Lieu of Notice (PILON)
Instead of requiring you to work through your notice period, your employer may offer you pay in lieu of notice. This means you receive a lump sum covering your notice period and your employment ends immediately.
For full details, see our guide to PILON and redundancy.
Notice Period and Redundancy Pay
Your notice period entitlement is separate from your statutory redundancy pay. You are entitled to both. An employer cannot reduce your redundancy pay because they are also paying you during your notice period.
To calculate your statutory redundancy payment, use our free redundancy pay calculator.