Employment Rights Act 1996, section 86
How much notice are you owed?
The statutory minimum is one week per complete year of service, from a floor of one week to a cap of 12. After five years, an employer must give at least five weeks, and a four-week contract clause cannot cut that down. Enter your service and contract terms to see which notice period applies.
How this is worked out
- Statutory minimum notice from section 86, Employment Rights Act 1996: one week after one month's service, one week per complete year from 2 to 12 years, capped at 12 weeks (legislation.gov.uk; gov.uk).
- An employee resigning owes a statutory minimum of one week after one month's service, however long they have worked; only the contract can require more.
- At least one month's continuous service is assumed. Under one month, no statutory notice is due on either side.
- Years of service are complete years at the date notice is given; part years do not count towards the statutory scale.
- No notice is due where an employer fairly dismisses for gross misconduct (summary dismissal), and fixed-term contracts simply expiring follow their own rules. Take advice before relying on either.
Notice Period Calculator is an independent information site operated by Ellul Solutions Ltd. It is not affiliated with any government body, and nothing here is legal advice; speak to an employment solicitor or ACAS before acting on a notice or dismissal question.
UK statutory minimum notice by length of service
Last updated
The section 86 scale: what an employer must give, and what an employee must give, once service passes one month. The longer of this scale and the contract applies.
Statutory minimums as set by section 86 of the Employment Rights Act 1996, unchanged since 1996: one week from one month to two years, then one week per complete year of service to a cap of 12 weeks. Employee minimum is one week throughout.
| Length of service | Employer must give | Employee must give |
|---|---|---|
| 1 month to under 2 years | 1 week | 1 week |
| 2 years | 2 weeks | 1 week |
| 3 years | 3 weeks | 1 week |
| 5 years | 5 weeks | 1 week |
| 8 years | 8 weeks | 1 week |
| 10 years | 10 weeks | 1 week |
| 12 years or more | 12 weeks | 1 week |
- A UK employer must give one week's statutory notice per complete year of service, from one week to a cap of 12 weeks (Employment Rights Act 1996, s.86).
- After five years' service the statutory minimum notice from an employer is five weeks, and a shorter contract clause cannot reduce it.
- An employee resigning owes a statutory minimum of just one week after one month's service; anything longer must come from the contract.
Cite this page
“UK statutory minimum notice by length of service”, Notice Period Calculator, https://noticeperiodcalculator.co.uk/ (updated 2026-08-15). Statutory minimums as set by section 86 of the Employment Rights Act 1996, unchanged since 1996: one week from one month to two years, then one week per complete year of service to a cap of 12 weeks. Employee minimum is one week throughout.
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Related guides
Each one cites where its numbers come from.
- Statutory notice period UK: the section 86 minimums explained
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- Redundancy notice period UK: how much notice you must get
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Common questions
How much notice does my employer have to give me?
At least the statutory minimum: one week after one month's service, rising to one week per complete year from two years, capped at 12 weeks. If the contract states a longer period, the longer period applies.
How much notice do I have to give when I resign?
The statutory minimum is one week once you have a month's service, however long you have worked. Most contracts require more, commonly four weeks to three months, and the contract governs if it is longer.
What is the notice period after 2 years' service?
Two weeks minimum from the employer. The statutory scale is one week per complete year of service between 2 and 12 years. An employee resigning still owes only one week unless the contract says otherwise.
Can a contract override the statutory notice period?
Only upwards. A contract can require more notice than section 86 but never less; a shorter clause is simply unenforceable and the statutory minimum applies in its place.
Does statutory notice apply during probation?
Yes. Probation has no special status in the Employment Rights Act: once service passes one month, the one-week statutory minimum applies on both sides regardless of any probation label.
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