Your notice period during redundancy
If you’re made redundant, your job won’t end straight away - you’ll get a paid notice period.
You might get notice pay instead of your notice period - this is called ‘pay in lieu of notice’. Your employer will tell you if they’ll give you pay in lieu of notice.
As long as you work your normal hours in your statutory notice period you’ll get your normal pay. This is as well as any redundancy pay you’re entitled to.
How long your notice period should be
If you’ve worked for your employer for at least a month you’re entitled to statutory notice. This is the minimum notice period your employer can give you.
Your statutory notice depends on how many years you've worked for your employer when you're given notice.
|Time with your employer
|1 month to 2 years
|2 years or more
|1 week for each full year, up to a maximum of 12 weeks
For example, if you've worked for your employer for 5 years and 3 months you get 5 weeks' notice
Your contract might say what notice period you’re entitled to. If it does, this is called ‘contractual notice’.
Contractual notice can be longer or the same as statutory notice. It can’t be shorter - you should always get at least your statutory notice.
If you're not working during your notice period
What you’re paid in your notice period depends on whether your notice in your contract is at least 1 week more than your statutory notice.
If your notice in your contract is the same as your statutory notice
You’ll still get your normal full pay if:
- you're on holiday
- you're off work because of sickness or injury - even if you’d normally get statutory sick pay instead
- you're off work because of pregnancy, maternity leave, paternity leave, adoption leave or parental leave
- you’re willing to work but aren’t given any work to do
Contact your nearest Citizens Advice if you’re not sure what your pay should be - for example if your hours vary each week.
If you’re on maternity leave
You’re entitled to your normal full pay for the whole of your statutory notice if you’re made redundant on maternity leave. This could be more than your maternity pay.
Your employer can reduce your notice pay by the amount of any statutory maternity pay you’re also getting. They can’t do this if you get pay in lieu of notice - you’ll get the full amount of statutory maternity pay and notice pay.
Your statutory maternity pay continues if you’re made redundant - find out more about redundancy and maternity pay.
If your notice in your contract is at least 1 week more than your statutory notice
You’ll get your normal full pay as long as you’re at work. If you’re away from work in your notice period you’ll get what you’d normally have been paid for that absence.
For example, you might get sick pay if you’re off sick or maternity pay if you’re on maternity leave. This could be less than your normal full pay.
How your employer should give you notice
Your employer should tell you about your notice period when they tell you they’re making you redundant. It’s better for them to do this in writing, but they don’t have to.
Your notice period only starts when your employer says you'll be made redundant and gives you a finishing date. Your notice period doesn’t start from when your employer says you’re at risk of redundancy.
If your employer says you don’t have to work your notice period
You’ll still get the same notice pay if your employer says you don’t have to work your notice period. You’ll also still get work benefits, for example pension contributions, unless your contract says your employer can leave them out. Not having to work your notice period could mean either:
- you’re paid as usual until the end of your notice period, but you don’t have to come to work - this is called garden leave
- you get all your notice pay at once and your job ends straight away - this is called pay in lieu of notice, or PILON
If you get garden leave or pay in lieu of notice your employer will either tell you in person or put it in your redundancy letter. Talk to your employer or contact your nearest Citizens Advice if you’re not sure which you have.
If you get garden leave
You’ll be paid at your usual times and pay your usual tax if you get garden leave. You'll also keep any work benefits, such as pension contributions or personal use of a company phone.
Your job won’t end until the end of your notice period, even though you don’t have to come to work. This will increase your redundancy pay if it means you’ll have completed another full year with your employer.
Your current employer can occasionally ask you to come into work while you’re on garden leave. This means you shouldn’t start another job in your notice period unless your existing employer agrees.
If you get pay in lieu of notice
You’ll get all your notice pay in one go. You’ll pay tax as normal and your job will end straight away.
If you want to leave your job in your notice period
You might want to leave your job before the end of your notice period - for example if you get another job. If you want to leave early, ask your employer to change your finishing date. You’ll still get your redundancy pay if they agree to change the date.
It might help to remind your employer that letting you leave early will save them money - they won’t have to pay your wages for as long.
Don’t leave early unless your employer agrees - otherwise you’ll have resigned and won’t get your redundancy payment.
If you want to leave early because you’ve found another job you could also ask your new employer if they’ll let you start later. Starting later could be better than losing your redundancy pay.
Sometimes it’s possible to leave early and keep your redundancy pay if your employer doesn’t have a good reason to make you stay. Contact your nearest Citizens Advice if your employer won’t let you leave early and you’re worried about losing your new job.
Holiday in your notice period
You can ask to take holiday during your notice period, but it’s up to your employer to decide if you can take it then. You’ll be paid for any holiday you have left over when you leave.
If you do go on holiday in your notice period you’re entitled to your usual wage.
If you get contractual holiday, you’ll need to check what your contract says about holiday.
If your employer tells you to use up your holidays during your notice period
Your employer can tell you to use up any holiday you have left over. They need to tell you when to take the holiday, and they have to give you these dates at least 2 days in advance 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.
Check your contract, as this might change how much notice your employer needs to give you.
If you have a problem with notice or pay
There are steps you can take to solve problems with notice or notice pay. It’s always best to start by talking to your employer.
If you need to take more formal action you might be able to make a claim in the employment tribunal if your employer:
- doesn’t pay you for your notice period
- tells you to leave straight away without pay in lieu of notice
- doesn’t pay you the right amount
It’s only worth starting legal action if you’ve tried everything else and if you’ve lost money. You’ll only be able to win money from a tribunal if you’ve lost money.
There’s a tight time limit if you want to make an employment tribunal claim, so contact your nearest Citizens Advice for help as soon as you can.
If your employer decides not to make you redundant
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, your notice period will be cancelled and you can keep working for them. You won't get any redundancy pay.
If you don't agree to stay:
- you can leave at the end of your notice period
- your notice period won't change
- you might not get your agreed redundancy pay - it depends on what job they offer you
If your employer offers you the same job
If the terms and conditions are exactly the same, you're no longer being made redundant. You won't get any redundancy pay if you leave.
If your employer offers you different terms and conditions
You might not get your redundancy payment if your employer can show:
- they offered you a suitable job
- you turned it down without a good reason