Handing in your notice
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1. Your employment contract
If you want to leave your job, check your employment contract to find out your employer’s policy on handing in notice.
There are rules about:
- giving notice
- how much you’ll be paid during your notice period
- what will happen if you leave to work for a competitor
2. Giving notice
You must give at least a week’s notice if you’ve been in your job for more than a month.
Your contract will tell you whether you need to give notice in writing - otherwise you can do it verbally.
Give written notice if you think you’ll need to refer to it later, for example at an employment tribunal.
You may be in breach of your contract if you do not give enough notice, or give notice verbally when it should be given in writing. Your employer could take you to court.
Your notice period usually runs from the start of the day after you handed your notice in.
If you change your mind
If you resign in the ‘heat of the moment’ (for example, during an argument) and you change your mind, you should tell your employer immediately. They can choose to accept your resignation or not.
Get free advice from Acas
Call the Acas helpline to get advice about handing in your notice and pay rights.
3. Payment during your notice period
You’ll usually get your normal pay rate during your notice period.
If you’re off work
You may not get your normal pay rate if you do not work during your notice period because you’re:
- off sick
- on holiday
- on maternity, paternity or adoption leave, or on shared parental leave
- willing to work but your employer has asked you not to because there’s not enough work for you
The amount of pay you can get depends on what is in your contract and if you’re:
- being dismissed
- being made redundant
- resigning
Bonuses and commission
You are entitled to bonuses and commission during your notice period unless your contract states otherwise.
‘Payment in lieu’ of notice period
Your employer can ask you to leave immediately after handing in your notice.
If they do, they’ll probably offer you a one-off payment instead of allowing you to work out your notice period - called ‘payment in lieu’.
You can only get payment in lieu if it’s in your contract or you agree to it. If you do not agree to it, you can work out your notice period.
Disputes over notice pay
If you cannot resolve a dispute about notice pay with your employer informally, you can follow your company’s grievance procedures.
If this does not work, you may be able to make a complaint to an employment tribunal for breach of contract.
4. Garden leave
Your employer may ask you not to come into work, or to work at home or another location during your notice period. This is called ‘garden leave’ (also referred to as ‘gardening leave’).
You’ll get the same pay and contractual benefits.
5. Restrictive covenants
There may be terms in your contract that says you cannot work for a competitor or have contact with customers for a period of time after you leave the company.
These are called ‘restrictive covenants’.
Your company could take you to court if you breach the restrictive covenants in your contract.