Notice period Q&As

Clients and candidates are protected by their contractual notice periods, yet often both employer and employee can become baffled when it comes to exercising the notice period. Here at iGo Recruitment we consult with HR departments and candidates under offer frequently, so don’t ever feel that you cannot ask your consultant or our contract specialist for help. If we don’t know the answers ourselves, we shall signpost to some fantastic free sources of advice. Our favourite sources include ACAS and CIPD as well as the Recruitment and Employment Confederation (REC), links can be found below this article.

What is a notice period?

• Your ‘notice period’ is how long you remain employed by your employer after you’ve told them you’re resigning.
• Your written statement of employment particulars must say how much notice you must give. All employees must receive a written statement.
• If you’ve been employed for less than 1 month, you do not need to give any notice unless your written statement says otherwise.
• If you’ve been employed for 1 month or more, you need to give at least 1 week’s notice even if you’ve not been provided with a written statement.

[Source: ACAS – https://www.acas.org.uk/resignation%5D¹

My notice period is longer than I realised

We are seeing a trend of employers state that employees have a longer notice period due to secondments, promotions, demotions, restructures, or behind the scenes contractual rollouts. All of which need careful advice from experts if they impact your freedom of movement in the labour market. Our advice is to ensure you are respectful of whoever holds, or will hold your P45 as an employer, and to put needs and wants in writing as soon as you can to ensure everyone is clear of your plans. You don’t want to burn bridges, but also it is important that your labour and your time is respected. You may have missed something in the busy to-and-fro with your employer over the past years/months, or they may be mistaken.

Consider the below factors when discussing your notice period:

• Find your most recent contract, and copy the notice period clause to HR, if they state something different then ask them to show you where and when this was communicated to you.
• If you had a role change in any way since your contract, find the letter(s) that notified you formally of the change, was there an increase in banding or salary? Notice period may have been added as a clause.
• Are you part of a union? If so, this is precisely what they are good at for both employee and employer concerns. Each union has a very good advice or legal line, and you should make use of it – you pay for it!

Can I negotiate my notice period?

Of course, you are negotiating a contract or debating understanding of a contract, so there is no harm in querying your notice period. If the duration is critical to you ahead, consider speaking with an advisor or relevant solicitor who may be able to aid you in reaching a mutually agreeable result.

When negotiating a shorter notice period it’s important to approach the situation professionally and demonstrate the potential benefits to both parties involved. Here are some steps to help you negotiate a shorter notice period from, for example, 8 weeks to 4 weeks:

1. Understand the policy: Familiarise yourself with your current employment contract, company policies, and any relevant legal requirements regarding notice periods. This will help you understand the existing framework and provide a basis for your negotiation.
2. Prepare your case: Outline the reasons why a shorter notice period would be beneficial for both you and your employer. Consider factors such as the nature of the role you do, competition, any secondments you may have been doing, the duration of the most recent assignment, and any potential impact on your current role or team. Also, emphasise the value and skills you bring and have brought to the company.
3. Schedule a meeting: Request a meeting with your immediate supervisor or the relevant HR representative to discuss the possibility of shortening your notice period. Make sure to provide ample notice and explain the purpose of the meeting so that they can adequately prepare.
4. Present your case: During the meeting, articulate your reasons for requesting a shorter notice period. Be clear, concise, and focus on the benefits to both parties. Emphasise your commitment to fulfilling your obligations during the shortened notice period and your willingness to help with the transition process.
5. Address concerns: Anticipate any concerns your employer might have regarding the shorter notice period. Address those concerns proactively by offering solutions or compromises that alleviate their potential issues. For example, you could suggest providing thorough handover documentation, offering to train a replacement through video recordings, or being available for consultation during the transition.
6. Find common ground: During the negotiation, try to find a mutually agreeable solution. This may involve compromising on the length of the notice period or exploring alternatives such as phased handover or a more intensive transition period.
7. Put it in writing: If you reach an agreement for a shorter notice period, ensure that it is documented in writing. This will help avoid any misunderstandings or disputes later on. Request an updated contract or a written confirmation that outlines the revised notice period. ACAS have a template here to help:

Remember, negotiations are a two-way process, and it’s essential to remain professional, considerate, and open to finding a solution that works for both parties.

For an informal chat with our Recruitment Consultants please Contact Us.

Further resources and links for employees and employers:

ACAS – the Advisory, Conciliation and Arbitration Service. “We work with millions of employers and employees every year to improve workplace relationships. We’re an independent public body that receives funding from the government.”

UK GOV information for employers, what an employer must do when they receive a resignation.

1. ACAS information on your Notice period when resigning ↩︎

CIPD Terms and conditions of employment: UK employment law – requirements and advice