Redundancy Notice Periods: Understanding Your Rights and Obligations

Understanding your notice period rights during redundancy is crucial for protecting your interests. This guide covers statutory notice periods, consultation requirements, garden leave, and your legal protections during the transition.

By Team SalaryCalculate · 10/7/2025

Redundancy Notice Periods: Understanding Your Rights and Obligations

When facing redundancy, understanding your notice period rights is essential for protecting your interests and planning your next steps. Notice periods aren't just about time - they're about your legal protections, consultation rights, and the support you're entitled to during this challenging transition.

This comprehensive guide covers everything you need to know about notice periods during redundancy, from statutory minimums to garden leave arrangements. We'll explore your rights, your employer's obligations, and practical steps to make the most of your notice period.

What Are Notice Periods?

A notice period is the time between when your employer tells you about redundancy and when your employment actually ends. During this time, you remain an employee with full rights and obligations, but you also have specific protections under redundancy law.

Notice periods serve several important purposes:

Giving you time to find alternative employment

Allowing for proper consultation and appeal processes

Ensuring you receive your full redundancy pay and benefits

Providing time for knowledge transfer and handover

Statutory Notice Periods

The law sets minimum notice periods that employers must give. These are based on how long you've worked for your employer:

Less than 1 month: No statutory notice required

1 month to 2 years: 1 week's notice

2 years to 12 years: 1 week for each year of service

12 years or more: 12 weeks' notice (maximum)

Your contract may specify longer notice periods, but it cannot be shorter than the statutory minimum. If your contract gives more notice than the law requires, your employer must honor the longer period.

Notice Period Calculations

Notice periods are calculated from the date your employer tells you about redundancy, not from when the decision was made. If you've worked for 5 years, you're entitled to 5 weeks' notice. Use the redundancy pay calculator to understand your full redundancy package, including notice pay.

Your Rights During Notice Periods

During your notice period, you retain all your normal employment rights. This includes:

Right to Full Pay

You're entitled to your full salary and benefits during the notice period, even if you're not required to work. This includes bonuses, commission, and any other contractual payments. Your employer cannot reduce your pay during notice unless your contract specifically allows it.

Right to Time Off for Job Hunting

You have the right to reasonable time off to look for new employment or arrange training. This is usually unpaid, but your employer cannot unreasonably refuse requests. The amount of time depends on your circumstances, but typically ranges from a few hours to a day per week.

Right to Consultation

You have the right to be consulted about the redundancy decision and any alternatives. This includes discussing alternative employment within the company, retraining opportunities, or changes to the redundancy package. Your employer must consider your suggestions in good faith.

Right to Appeal

You can appeal against the redundancy decision if you believe it's unfair or discriminatory. The appeal should be heard by someone not involved in the original decision, and you have the right to be accompanied by a colleague or trade union representative.

Garden Leave Explained

Garden leave is when your employer tells you not to come to work during your notice period, but you remain employed and continue to receive your full salary. This is common in redundancy situations, especially for senior employees or those with access to sensitive information.

Benefits of Garden Leave

Garden leave can be beneficial because:

You get full pay without having to work

You have more time to job hunt and prepare for interviews

You avoid potentially awkward workplace situations

You maintain your employment status for benefits and references

Garden Leave Restrictions

During garden leave, you're still bound by your employment contract. This means:

You cannot start work for a competitor

You must maintain confidentiality about company information

You cannot poach clients or colleagues

You must be available if your employer needs you

Consultation Requirements

Consultation is a crucial part of the redundancy process. Your employer must consult with you before making the final decision, and the consultation must be meaningful and genuine.

Individual Consultation

For individual redundancies, your employer must:

Explain why your role is at risk

Discuss any alternative employment options

Listen to your suggestions and concerns

Consider any proposals you make

Collective Consultation

If your employer is making 20 or more redundancies, they must follow collective consultation procedures. This involves:

30 days' consultation for 20-99 redundancies

45 days' consultation for 100+ redundancies

Consultation with trade unions or employee representatives

Notice Period Comparison Table

Service LengthStatutory NoticeContract NoticeNotes
Less than 1 monthNoneAs per contractNo statutory protection
1 month - 2 years1 weekContract or statutoryWhichever is longer
2-12 years1 week per yearContract or statutoryMaximum 12 weeks
12+ years12 weeksContract or statutoryMaximum statutory notice

Making the Most of Your Notice Period

Your notice period is valuable time that you can use strategically. Here's how to make the most of it:

Job Hunting Strategy

Use your time off for job hunting effectively:

Update your CV and LinkedIn profile

Network with industry contacts and former colleagues

Research companies and roles that interest you

Practice interview skills and prepare examples

Financial Planning

Use this time to plan your finances carefully:

Calculate your redundancy package using the redundancy vs resignation calculator to understand your options

Review your budget and cut unnecessary expenses

Check your eligibility for benefits and support

Consider your pension options and retirement planning

Professional Development

Use your notice period to enhance your skills:

Take online courses or certifications

Attend industry events and networking sessions

Practice new technologies or software relevant to your field

Common Notice Period Scenarios

Every redundancy situation is different, but here are some common scenarios and how to handle them:

Scenario 1: Immediate Garden Leave

If you're put on garden leave immediately, focus on job hunting and networking. Use the time productively but remember you're still bound by your contract. Don't start work for competitors or breach confidentiality agreements.

Scenario 2: Working Notice Period

If you're required to work during notice, maintain professionalism while job hunting in your spare time. Use your right to time off for interviews and job hunting. Complete your work to the best of your ability to maintain good relationships.

Scenario 3: Negotiating Notice Period

You might be able to negotiate a longer notice period or better terms. Consider discussing redundancy settlement negotiation strategies with your employer, especially if you have valuable skills or knowledge they need to retain.

Frequently Asked Questions

Can my employer give me less notice than the statutory minimum?

No, the statutory notice periods are legal minimums that cannot be reduced. If your employer tries to give you less notice, you may have a claim for wrongful dismissal. However, they can pay you in lieu of notice if they want you to leave immediately.

Do I have to work during my notice period?

It depends on your contract and your employer's requirements. Some employers put employees on garden leave, while others require them to work. You must follow your employer's reasonable instructions, but you also have the right to time off for job hunting.

Can I resign during my notice period?

Yes, you can resign during your notice period, but this may affect your redundancy pay and benefits. Consider the financial implications carefully, especially if you're close to receiving a significant redundancy package. Use the redundancy vs resignation calculator to understand the financial impact.

What if my employer doesn't follow proper consultation procedures?

If your employer fails to follow proper consultation procedures, the redundancy may be unfair. You could have a claim for unfair dismissal, even if the redundancy itself is genuine. Seek legal advice if you believe your employer hasn't followed the correct procedures.

Next Steps

Understanding your notice period rights is crucial for navigating redundancy successfully. Use this time wisely to plan your next career move, manage your finances, and protect your interests.

Remember to:

Know your rights and don't be afraid to assert them

Use your time off for job hunting effectively

Maintain professionalism throughout the process

Seek professional advice if you're unsure about your rights

Your notice period is a valuable opportunity to transition smoothly to your next role. Make the most of it by staying informed, planning ahead, and protecting your interests throughout the process.