Things to consider if you are thinking of handing in your notice or if you have been given notice by your employer

Leaving your position of employment, whether through your own choice or through the decision of your employer, can often be a daunting time. It is important to act in accordance with your contract of employment otherwise your notice may not be valid. This article looks at how and when notice to terminate your employment should be given, whether you are entitled to be paid for your notice period, what is meant by Garden Leave and what you should do if you are not happy with the way your notice has been handled.

Your contract of employment plays a key role in how you, or your employer, conduct your notice. The contract will set out how much notice each side is required to give to terminate the contract of employment. Notice is usually required in writing but, again, your employment contract should confirm whether this is the case.

The notice period usually begins from the day after the notice was received – for example, if you hand in your written notice to terminate your employment on a Monday your notice period would usually start from the next day, the Tuesday. You employment contract will also state how much notice is required to be given – this could vary from one week to 3 months depending on your role and the company you work for.

If your employer is the one giving notice to you, they may either stipulate that you remain working for them throughout your notice period, or, alternatively, if they do not offer you your full notice period they may offer you ‘Payment in Lieu of Notice’ which is normally equal to the money you would have earned during your full notice period. Whether it is you or your employer giving the notice, you may negotiate different notice terms with your employer, to better suit both of your requirements, if you wish to do so.

In some circumstances, your employer may want you to stay away from the premises of employment as soon as they receive your notice, for example, if they are worried about you working for competitors. In this case they may put you on Garden Leave. This means although you are not physically at work you will remain covered by contractual duties until the end of your notice period and will receive full pay.

If you feel unhappy with the way your notice has been dealt with – either the notice you have given or the notice you have received – you should first of all discuss the matter with your line manager. If this does not resolve the matter you should follow your company’s grievance procedure and, as a last resort, you may take the matter to an Employment Tribunal.

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