“What are they going to do, fire me?” – Why employees must work their notice periods

10 September 2026

When it is time for an employee to leave a job role, there can be tension in the workplace and a lack of clarity on how to handle the situation.

While it is likely that an employee may not give the same level of commitment they once did, there is a limit to how much they can give up before their employment contract officially comes to an end.

Some employees may walk out early, believing that there is nothing that you can do. This is not the case, so understanding the legal position of both employees and employers can avoid unnecessary stress at the end of a working relationship.

Are notice periods legally enforceable?

Under the Employment Rights Act 1996, the predecessor to the more recent Employment Rights Act 2025, it is the law that employees and employers must both abide by the stipulations of employment contracts, including notice periods.

The more recent legislation does not change the obligations to view notice periods as part of employment contracts and failing to follow them opens employees up to the same legal risks as breaching any other part of the contract.

However, what has changed is the presence of people on social media advocating for employees to take matters into their own hands.

There are many videos and posts suggesting that workers should refuse to work during notice periods, with the common argument being that a person cannot be fired if they have already quit.

The law disagrees and there are methods of enforcing a notice period beyond a conventional firing.

What happens when notice periods are ignored?

Both employers and employees need to take note of notice periods and ensure that work continues as normal during this time, with the same access to pay and benefits.

If an employee leaves the business before their notice period ends, it is the right of the employer to withhold wages and benefits for the time not worked.

It may also be possible for an employer to seek additional damages if the sudden departure affects business operations or requires temporary staff to be brought in to fill the gap.

Employers are also legally bound by notice periods and cannot expedite a person’s departure without it being formally agreed.

Dismissing an employee during their notice period carries with it the same risk of an unfair dismissal claim that would arise at any other stage of their employment.

Employees can seek to recover lost wages and benefits alongside a compensation claim for the damage done by the action – unfair dismissal claims will have an unlimited scope for compensation as of January 2027.

If both parties want the contract to end sooner, this can be arranged and should be done in writing with the signed consent of both parties.

Employers may want to bring about an end to the notice period by offering Payment in Lieu of Notice (PILON).

This will see an employee receive all of the money they would have earned during the notice period without the requirement to continue fulfilling their duties.

Alternatively, employees could be placed on garden leave for the duration of their notice period if an employer does not want the upfront cost of a PILON arrangement but still wishes to limit their access to sensitive information.

An employee on garden leave will have reduced or removed responsibilities but will still receive their full salary and benefits.

How should notice periods be handled?

A well-written employment contract is at the heart of an effectively managed notice period.

The notice period should be the appropriate length of time based on the time spent in the role and the complexity of the work.

The statutory notice period is one week for employees with one month to two years of service and the notice period then increases by one week for each year worked, up to a maximum of 12 weeks.

While it may be tempting to implement longer notice periods to provide more time to find and train replacements, doing so without consideration can increase the chance of disputes occurring.

Getting expert legal support is vital for making sure your employment contracts are equipped to handle notice periods.

Our team can review your contracts, advising on how to incorporate considerations like PILON and garden leave as options should they be needed in the future.

Where any issues arise with notice periods, we can help to guide you through the legal process to find a resolution that handles the situation fairly.

Get in touch with our team to make sure your employment contracts can handle notice periods effectively.