Notice Periods: How Much Warning Do They Have to Give You?

‍‌​‌‌‌​‌‌​​‌‌‌‌‌‌‌​‌​‌​‌‌​​‌​‍> Disclaimer: SiteKiln gives you plain-English information, not legal or employment advice. Talk to a qualified professional before making big decisions.

The short version

When your job ends -- whether you walk or you're pushed -- there are legal minimum notice periods that apply. Your contract might say more, but it can never say less. Get this wrong and you either lose money you're owed or hand the employer a breach of contract claim against you. Either way, it pays to know the rules before the conversation starts.

Why this matters on site

Construction moves fast. Jobs finish, contracts dry up, sites close, foremen fall out with you on a Tuesday and want you gone by Wednesday. If you're employed (PAYE), you don't just vanish -- and neither should they. Statutory notice exists to stop people being binned overnight with no pay and no warning, and to stop workers walking off mid-job with no consequence.

If you're genuinely self-employed, notice periods are whatever your contract says (or nothing). This guide is for employees -- including those on umbrella companies, agency PAYE, or direct employment with a contractor.

Statutory minimum notice -- the law

Section 86 of the Employment Rights Act 1996 sets the floor. No contract can go below this:

Employer to employee

Employee to employer

That's it. No matter how long you've worked somewhere, the law only requires you to give one week. Your contract might require more -- and if it does, the contractual term applies. But the statutory minimum is always one week.

Contractual notice vs statutory notice -- which wins?

Whichever is longer. If your contract says four weeks' notice but statute only requires one week (because you've been there 18 months), you owe four weeks. If your contract says one week but you've been there six years, you're owed six weeks from the employer regardless of what the paper says.

Any contract term that tries to give you less than the statutory minimum is automatically overridden by s86.

Construction industry agreements

If you're employed under a recognised industry agreement, your notice terms may already be set:

• CIJC Working Rule Agreement (updated August 2025): Sets specific notice periods for construction operatives depending on length of service -- typically more generous than bare statutory minimums.

• JIB (electrical): JIB-registered employers follow grading and notice terms set out in the National Working Rules. JIB-employed electricians generally have stronger notice and redundancy protections than self-employed contractors.

• NAECI (major engineering/infrastructure): Separate agreement with its own termination and notice provisions -- does not follow JIB rules.

Check which agreement your employer operates under. If it's referenced in your contract, those terms are binding.

Your rights during the notice period (s87--91)

If your employer gives you notice, you don't just get told to leave -- you have pay protections during the statutory notice period:

These protections apply to the statutory minimum notice period. If your contractual notice is longer and at least one week more than the statutory minimum, the s87--91 protections don't apply to the extra weeks -- but your contract should cover that.

Payment in lieu of notice (PILON)

Instead of making you work your notice, the employer might pay you off and send you home immediately. This is PILON.

Key points:

• If there's a PILON clause in your contract, the employer can use it lawfully. You get paid, you leave.
• If there's no PILON clause and they just tell you to go, that's technically a breach of contract -- but you still get paid for the notice period.
• Since April 2018, all PILON payments are taxable as earnings (income tax + NICs) -- there is no tax-free treatment, even if your contract doesn't mention PILON.
• PILON doesn't automatically include holiday that would have accrued during the notice period unless your contract says otherwise.

The PENP calculation: HMRC uses a formula called Post-Employment Notice Pay to work out the taxable amount. In simple terms, it's your basic pay multiplied by the unworked notice period. Anything above that figure may fall into the £30,000 tax-free termination payment pot.

Garden leave

Your employer might say: "You're on notice, but don't come in. Stay home. We'll keep paying you." That's garden leave.

• You're still employed -- full pay, benefits, holiday accrual continue.
• You usually can't start a new job or contact clients/colleagues during garden leave.
• The employer can only impose this if there's an express garden leave clause in your contract. Without one, forcing you to stay home while technically employed is risky for them.

On site, garden leave is less common than in offices -- but it does happen, particularly with site managers, quantity surveyors, or anyone with access to tender information or client relationships.

Summary dismissal -- no notice at all

If your employer alleges gross misconduct, they can dismiss you without notice. This is summary dismissal.

You lose your notice pay. But you keep:

• Wages earned up to the dismissal date
• Accrued but untaken holiday pay

Critical: Even for gross misconduct, the employer must still follow a fair process -- investigation, disciplinary hearing, right to be accompanied, and right of appeal. If they skip steps, a tribunal can find the dismissal unfair regardless of what you did. Compensation can be uplifted by 25% for failure to follow the ACAS Code.

Common gross misconduct allegations on site include theft, violence, serious health and safety breaches, drug/alcohol use, and fraud on timesheets. But there's no fixed legal list -- it depends on your employer's policy and the circumstances.

ERA 2025 -- what's changing

The Employment Rights Act 2025 doesn't change statutory notice periods, but it shifts the landscape around dismissals significantly:

• Unfair dismissal qualifying period drops to 6 months (from 2 years) -- effective January 2027. Employers can no longer bin someone at 23 months to dodge a claim.
• Compensatory cap removed -- no more ceiling on unfair dismissal payouts. An employer who skips proper notice or process faces uncapped exposure.
• Tribunal time limit extended to 6 months -- more time to bring a claim if you're dismissed without proper notice.
• Fire and rehire effectively banned -- employers can't dismiss you and re-engage on worse terms except in extreme financial distress.

The practical effect for notice periods: employers who try to cut corners -- short notice, no PILON, no process -- now face much bigger consequences than they did a year ago.

What to do

• Check your contract first. Your contractual notice might be longer than statute -- that's the one that counts.
• Know your service length. Count from your start date to the date notice is given (not the date you leave). Every complete year adds a week from the employer's side.
• Get notice in writing. Whether you're giving or receiving it, put it in writing (email is fine) and keep a copy with the date.
• Don't just walk off. If you leave without giving proper notice, the employer could technically claim breach of contract. In practice, construction employers rarely pursue this -- but it can affect references and final pay.
• Check your final pay. Make sure it includes pay up to your last day, accrued holiday, and any PILON or notice pay owed. Check the tax treatment.
• If you're dismissed without notice and it's not gross misconduct -- challenge it. You're owed notice pay. If they won't pay, that's an unlawful deduction of wages (Employment Tribunal, now with a 6-month time limit under ERA 2025).
• If you're dismissed for gross misconduct -- don't assume it's fair. Check the process was followed. No investigation + no hearing = potential unfair dismissal claim.

What to do next

• Check your contract for any notice period longer than the statutory minimum -- whichever is longer applies.
• Count your continuous service from your start date to work out how many weeks' notice you're owed (one week per year, up to 12).
• Get any notice -- given or received -- in writing and keep a copy with the date.
• Check your final pay includes everything owed: pay to your last day, accrued holiday, and any notice pay or PILON.
• If you're dismissed without proper notice and it's not gross misconduct, that's an unlawful deduction of wages -- challenge it.

Sources

• Employment Rights Act 1996 s86--91 -- statutory notice periods and pay protections during notice
• ACAS -- notice periods guidance (November 2025)
• GTE Solicitors -- statutory notice period explained (2026)
• Richard Nelson LLP -- notice period FAQs
• Guillaumes -- statutory notice periods in employment law
• Lewis Silkin -- taxation of payments in lieu of notice (February 2026)
• Davidson Morris -- PILON guide (2026)
• GOV.UK -- garden leave
• Gaby Hardwicke -- garden leave enforcement
• Sprint Law -- gardening leave rights and contract points
• Yerty -- gross misconduct examples UK (February 2026)
• CIJC -- Working Rule Agreement (August 2025)
• JIB -- 2026--2028 deal and National Working Rules
• Geldards -- ERA 2025 unfair dismissal changes coming 2027
• Jones Day -- key changes under ERA 2025

This guide is general information about notice periods in England and Wales. It is not legal advice. If you're facing dismissal, redundancy, or a dispute over notice pay, get independent legal advice from a qualified solicitor or contact ACAS. Laws change; verify current positions with a regulated professional. SiteKiln is not a law firm and accepts no liability for actions taken based on this content.

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