Notice Period Calculator

Can my employer require a longer notice period than the statutory minimum?

Yes. The statutory minimum is a legal floor, not a ceiling. Your employment contract can specify a much longer notice period — for example, three months or even six months for senior management and director-level roles. Both parties must honour the contractual period once agreed, which is why reviewing your employment contract before resigning is essential. If your contract specifies three months but the statutory minimum is only one month, you are legally obligated to work the three months or pay damages for early departure.

What happens if I leave without serving the full notice period?

Leaving before serving your full contractual notice period is a breach of contract. Your employer may withhold pay for the unserved notice period, pursue a civil claim for damages (rare but possible for senior roles with long notice periods), or provide a less favourable reference. In the UK, the employer can apply for an injunction to enforce a garden leave clause. In some countries, leaving without notice can affect your eligibility for unemployment benefits. In practice, most departures are resolved by mutual agreement or payment in lieu of notice rather than legal action.

Is the notice period the same for resignations and dismissals?

Not necessarily. Statutory minimums in countries like the UK technically apply to dismissal notices from the employer to the employee. For employee resignations, the contractual notice period usually governs. In practice, many contracts use the same notice period for both parties, but senior employees are often required to give longer notice than they would receive. In Australia, the Fair Work Act NES notice periods apply to employer-initiated terminations; employees are generally expected to give reasonable notice as specified in their contract.

What is garden leave and how does it relate to notice periods?

Garden leave (also called gardening leave) is when an employer requires you to stay away from the office during your notice period while remaining on the payroll. You are still employed, still receive your salary and benefits, but are not permitted to work — the term comes from the idea that you have plenty of time to tend to your garden. It is used primarily to protect the employer's confidential information and client relationships. Garden leave clauses are common in financial services, technology, and senior executive contracts in the UK and Australia. During garden leave you cannot start a new job without breaching your contract.