HR Advice Hub

Do Employees Have To Work Their Notice Period?

When an employee resigns, one of the first questions employers often ask is whether they have to work their notice period.

Sometimes an employee wants to leave immediately to start a new job, while in other cases the employer may be happy for them to leave early. So, can an employee refuse to work their notice?

The short answer is that an employee can refuse to work their notice period, but doing so may amount to a breach of their employment contract. Employers should consider the circumstances carefully before deciding how to respond.

What Is A Notice Period?

A notice period is the amount of notice that either the employer or employee must give to end the employment relationship. The required notice may be:

• Set out in the employment contract.

• The statutory minimum notice.

• A longer contractual notice period agreed between both parties.

During their notice period, employees are generally expected to continue working unless another arrangement has been agreed.

Can An Employee Refuse To Work Their Notice?

Yes, they can. An employer cannot physically force an employee to attend work. However, if an employee refuses to work all or part of their contractual notice period without agreement, they may be in breach of contract.

Whether an employer takes action will often depend on the circumstances, the impact on the business and whether a practical solution can be reached.

Why Might An Employee Not Want To Work Their Notice?

There are many reasons why an employee may ask to leave before the end of their notice period, including:

• Starting a new job.

• Personal or family commitments.

• Health or wellbeing concerns.

• A difficult working relationship.

• Feeling demotivated after resigning.

Understanding the reason behind the request may help employers decide how best to respond.

Can Employers Agree To An Earlier Leaving Date?

Absolutely. In many cases, employers and employees agree to shorten the notice period by mutual agreement. This may be appropriate where:

• The employee's workload has reduced.

• A replacement has already been found.

• There is little business benefit in the employee remaining.

• The relationship has broken down.

Where both parties agree, it is sensible to confirm the revised leaving date in writing.

Can Employers Waive An Employee's Notice?

Yes. An employer may decide they no longer require an employee to work all or part of their notice period. This should usually be discussed with the employee and confirmed in writing.

Depending on the circumstances, the employee may still receive notice pay, or the employer may decide to place them on garden leave if the employment contract allows.

What If The Employee Simply Stops Coming To Work?

If an employee fails to attend work during their notice period without agreement, employers should avoid making assumptions. Instead, they should:

• Attempt to contact the employee.

• Check whether there is a genuine reason for the absence.

• Keep a record of communication.

• Confirm the employer's expectations in writing.

If the employee continues to refuse to attend work without a valid reason, this may amount to an unauthorised absence and a breach of contract.

What If The Employee Is Off Sick During Their Notice Period?

Being off sick during a notice period is different from refusing to work it. If an employee is genuinely unwell, employers should continue to manage the sickness absence in line with their usual procedures. They should avoid assuming that an employee is refusing to work simply because they are absent during their notice period. Each situation should be considered on its own facts.

Can Employers Withhold Pay?

Employees are generally entitled to be paid for work they have completed. If an employee does not attend work during part of their notice period without authorisation, employers will not normally have to pay them for the time they did not work.

However, employers should ensure any deductions from pay are lawful and comply with the employment contract and relevant legislation. Employers may wish to seek advice from an external HR consultant.

Can Employers Take Legal Action?

In theory, yes. If an employee breaches their contract by refusing to work their notice period, an employer may have the option to pursue a breach of contract claim. However, in practice this is relatively uncommon.

Legal action can be costly, time-consuming and difficult to justify unless the employer has suffered a significant financial loss as a direct result of the employee's actions. For most employers, it is often more practical to focus on managing the employee's departure and minimising disruption.

Can Employers Require Garden Leave Instead?

If the employment contract includes a garden leave clause, employers may decide to place the employee on garden leave during their notice period. This means the employee remains employed and continues to receive their normal pay and benefits but does not attend work or carry out their usual duties. Garden leave can help protect confidential information, customer relationships and the wider business while the employee serves their notice.

Best Practice For Employers

If an employee wants to leave without working their notice, employers should:

• Review the employment contract.

• Understand why the employee wishes to leave early.

• Consider whether an earlier leaving date is appropriate.

• Confirm any agreement in writing.

• Seek advice before making deductions from pay or pursuing legal action.

• Every situation is different, so taking a fair and proportionate approach is usually the best option.

Need HR Support?

Employee resignations don't always go to plan, particularly where notice periods, early departures or contractual obligations are involved. Having the right advice can help employers protect their business while handling employee exits fairly and professionally.

At BloomHR, we help small businesses manage resignations and the wider employee lifecycle with practical, friendly HR support that keeps things simple and helps employers stay compliant. Contact us for more information.