A notice period is the time between telling someone their job is ending (or handing in your resignation) and the last day of work. As of October 2026, the legal minimum an employer must give is 1 week after a month's service in the UK rising to 12 weeks, 1 to 4 weeks in Australia plus a week for over-45s, and 1 to 8 weeks in Ontario after 3 months. A contract can give more, never less.
Notice runs both ways but not equally. Employers carry the long statutory scale. In the UK an employee who resigns owes just 1 week by law after a month's service, and the contract decides the rest.
Minimum notice an employer must give
| Length of service | UK (statutory notice) | Australia (NES) | Ontario (ESA) |
|---|---|---|---|
| Under 1 month | None by law | 1 week | None (under 3 months) |
| 1 month to 1 year | 1 week | 1 week | 1 week after 3 months |
| 1 to 2 years | 1 week | 2 weeks | 2 weeks |
| 3 years | 3 weeks | 2 weeks | 3 weeks |
| 5 years | 5 weeks | 3 weeks | 5 weeks |
| 8 years | 8 weeks | 4 weeks | 8 weeks |
| 12 years or more | 12 weeks | 4 weeks | 8 weeks |
Read the table as a floor. The UK rule is 1 week for 1 month to 2 years, then 1 week per full year up to 12 weeks, so Acas's example of 4 years and 9 months gives 4 weeks. Australia's National Employment Standards run 1 week up to a year, 2 weeks to 3 years, 3 weeks to 5 years and 4 weeks after that, with an extra week for employees over 45 who have at least 2 years' continuous service. Ontario's chart gives 2 weeks from 1 year to under 3 years, then adds a week for each further year, up to 8 weeks at 8 years or more.
UK notice period rules
Acas's guide sets out the statutory scale for employees who've worked at least a month. Contractual notice can be longer and usually sits in the contract, the written statement or a staff policy. Gross misconduct removes the right to statutory notice and pay for it (Acas covers the exceptions in its guide). Employer and employee can also agree a shorter period, and Acas suggests putting that in writing, even in an email.
When you resign in the UK, the legal minimum after a month's service is 1 week, unless your written statement says more. Under a month with nothing written down, you don't have to give any notice. Leaving without working the agreed notice is likely to be a breach of contract, and some contracts allow a deduction to cover agency cover.
Ways notice is handled without working it
- Payment in lieu of notice (PILON): full pay for the notice period and the job ends straight away. An employer can only insist if the contract has a PILON clause.
- Garden leave: the employee stays employed and fully paid but is told not to work, often to keep them away from confidential information. See our garden leave guide.
- Leaving early by agreement: the employer only has to pay for the time worked, so get it agreed in writing.
Australia notice period rules
Under the Fair Work rules, notice must be in writing and can be delivered in person, left at the last known address, sent by pre-paid post or, if the employee agrees, sent electronically. The period starts the day after notice is given. Payment in lieu must equal everything the person would have earned, including bonuses, loadings, allowances, overtime and penalty rates. Notice applies during probation too. An award, enterprise agreement or contract can set longer notice, and unpaid parental leave counts towards service: the Fair Work example is a 35 year old with 5 years and 3 months' service, including 12 months of unpaid parental leave, who's owed 4 weeks.
Serious misconduct, such as theft, fraud, assault or being intoxicated at work, means the employer doesn't have to give notice.
Canada: Ontario notice period rules
Ontario's ESA notice applies once someone has been continuously employed for three months. The employer can give written notice, termination pay instead, or a mix that adds up to the right number of weeks. Termination pay is a lump sum equal to regular wages for each week owed, vacation pay is earned on it, and benefit contributions must continue through the notice period. An employer can't schedule vacation in the statutory notice period unless the employee agrees after getting notice. Special mass termination rules apply when 50 or more people are let go within four weeks.
US: no general notice period
The U.S. Department of Labor says that, outside discrimination and whistleblower protections, a termination is subject only to the contract between the employer and employee or a labor contract. So for most US workers the notice period is whatever the contract says. The federal exception is the WARN Act, which requires advance notice of qualified plant closings and mass layoffs: our WARN Act guide covers who it applies to. If you're the one leaving, see how to write a two weeks notice.
Want AI doing the heavy lifting in your marketing?
I build the systems that handle the boring 80 percent, so you get your week back. Done properly, with the human kept in.
How to work out the notice you owe
- Find the employee's continuous service on the day notice is given.
- Read the statutory floor for your country from the table above.
- Check the contract, award or agreement for anything longer, and use the longer figure.
- Decide whether they'll work it, take pay in lieu or go on garden leave.
- Give notice in writing and keep a copy.
The verdict
The statutory figures are short, and that's the catch: a contract that promises 1 month beats the 1 week floor, but a contract that promises less than the floor is simply overridden. Write a notice clause that matches the law in every country you hire in, and if you're ending someone's job, check the over-45 rule in Australia and the three month line in Ontario before you hand over the letter. If it's heading towards a dispute, our unfair dismissal guide covers the next step.
Frequently asked questions
What is the statutory notice period in the UK?
After at least a month's service, an employer must give 1 week up to 2 years, then 1 week for each full year worked, up to 12 weeks for 12 years or more. An employee who resigns after a month owes at least 1 week unless the contract says more.
What is the minimum notice period in Australia?
Under the National Employment Standards it's 1 week for 1 year or less, 2 weeks for up to 3 years, 3 weeks for up to 5 years and 4 weeks after 5 years, plus an extra week for employees over 45 with at least 2 years' continuous service.
How much notice is required in Ontario?
Once an employee has three months of continuous employment, the ESA requires 1 week for less than a year, 2 weeks from 1 year to under 3 years, then a further week for each year up to 8 weeks for 8 years or more.
Can my employer pay me instead of working my notice?
Yes in all three places, but in the UK an employer can only insist on payment in lieu if the contract allows it. In Australia the payment must include bonuses, loadings, allowances, overtime and penalty rates.
Is there a legal notice period in the US?
Not generally. The U.S. Department of Labor says that outside discrimination and whistleblower protections a termination is governed by the employment or labor contract.
