Notice periods and references: leaving a UK job properly
7 minute read · Updated 2026-08-25
How you leave a job matters more than most people expect, because the notice period decides your start date elsewhere and the reference follows you into the next role. This guide explains what UK notice periods require, what happens to your final pay, and what an employer can and cannot say about you afterwards. It is general information, not legal advice, and ACAS is the right first call if there is a dispute.
How long is your notice period?
Start with your contract, because it usually sets a longer period than the law. Typical UK contracts require one week during probation, one month for most permanent roles, and three months for senior, professional or specialist positions.
The statutory minimum an employee must give is one week, once they have been continuously employed for at least one month. If your contract is silent, that one week applies. Notice normally runs from the day after you give it, and it must usually be given in writing if the contract says so.
Your employer's obligation is different and increases with service: at least one week if you have been employed for a month or more, then one week for each complete year of service after two years, up to a maximum of twelve weeks. Again, your contract may give you more, and whichever is greater applies.
Working notice, garden leave and pay in lieu
The default is that you work your notice and are paid normally. Three variations are common:
- Garden leave: you stay employed and paid but are told not to attend work, often to keep you away from clients or competitors. Your contract normally has to allow it.
- Pay in lieu of notice (PILON): the employer ends the job immediately and pays what you would have earned during the notice period. Since 2018 payments in lieu of notice are taxable and subject to National Insurance in the normal way.
- Agreeing a shorter notice: perfectly possible if both sides consent, and worth asking about if a new employer needs you sooner. Get the agreed leaving date confirmed in writing.
Leaving without working your notice is a breach of contract. In practice employers rarely sue, but they can withhold pay for days you did not work, and it makes a useful reference much less likely. Your employer generally cannot deduct extra money from your final pay as a penalty unless the contract clearly allows it, so if a large deduction appears, ask for the contractual clause it relies on.
Your final pay, and what should be on it
Your last payslip should include pay up to your leaving date, any accrued but untaken holiday, and any contractual commission, bonus or expenses that are due. It may also include deductions the contract permits, such as repayment of a training cost under a valid clawback clause or an overpayment.
You should receive a P45 after your final pay is processed, which you give to your new employer so you are taxed correctly. If you do not have it in time, your new employer will use a starter checklist instead. If you were made redundant with two years or more of service, statutory redundancy pay is calculated from your age, length of service and weekly pay, subject to a weekly cap that is updated each April, and the first £30,000 of a genuine redundancy payment is generally free of income tax.
Resigning in a way you will not regret
Keep the resignation letter short and neutral: the role, your last working day based on your notice period, and a line of thanks. Do not use it to settle scores. Send it to your line manager and copy HR, and keep a copy.
Before you go, tidy up the things that are hard to recover later: get personal contacts and any of your own certificates off the work systems (but never take company data, which can be a serious matter), note the exact dates and job titles you will need for future applications, and ask your manager directly whether they are willing to act as a referee.
What an employer can say in a reference
There is no general legal duty on a UK employer to provide a reference, which is why so many now give only a factual confirmation of dates and job title. A few sectors are different: financial services firms regulated by the FCA must give regulatory references for certain roles, and health and social care employers have their own expectations.
If an employer does give a reference, it must be accurate and fair, and it must not be misleading, including by leaving out something that makes the rest misleading. An employer can lawfully mention performance issues, disciplinary findings or absence if that information is true and fair in context, although many avoid detail because of the risk of a claim. A reference that is inaccurate and causes you to lose a job may give rise to a claim for negligent misstatement, and if it is discriminatory or given because you raised a complaint it may also be victimisation.
If you think a reference has damaged you, ask the prospective employer for the reason for the decision, and consider a subject access request under UK GDPR to see the information held about you. There are exemptions covering confidential references, and how they apply depends on who holds it, so take advice from ACAS, your union or a solicitor before spending money on the issue.
Practical points that catch people out
- Do not resign until the new offer is confirmed in writing and any conditions, such as references, right to work and DBS clearance, are satisfied.
- Check restrictive covenants in your contract, particularly non solicitation and non compete clauses, before you accept work with a competitor.
- Give the new employer an accurate notice period. Promising a start date you cannot meet is a poor first impression.
- If you are dismissed rather than resigning, note that most tribunal claims must be started within three months less one day, and you must contact ACAS for early conciliation first.
Next step: get your paperwork straight, then check what your next move is worth by comparing live vacancies, keep your details current by uploading your CV, and read our guide to holiday and sick pay so you know what should be in your final payslip.