Wage Claims

Claim Your Notice Period Pay

Your employer dismissed you but refused to pay your notice period or let you work it out. By law, you are entitled to the full notice period salary or the amount specified in your contract. Learn how to calculate the amount owed and file an Employment Tribunal claim for the unpaid wages.

Quick Answer

If your contract or statutory law requires notice (usually one week minimum), you must be paid for it unless you were dismissed for gross misconduct. Calculate: your daily/weekly rate multiplied by notice period. File an Employment Tribunal claim under ERA 1996 s.13 (unlawful deduction) or for arrears of wages. Claim within 3 months of non-payment or your last day of employment. Most notices are 1-4 weeks. Tribunal claims under £1,000 go through small claims track.

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Your Legal Right to Notice Pay

The Employment Rights Act 1996 s.86 gives all employees (except probationers and certain others) a statutory minimum notice period: one week for employees with one month or more service. Your contract may require more (two weeks, one month, three months, etc.). Even if dismissed without cause, you must be paid for this notice period. The only exception is gross misconduct (theft, violence, gross insubordination).

Three Scenarios

Scenario 1 - Dismissed and not paid notice: You are owed the full salary for the notice period (e.g. two weeks' wages if you had a two-week notice clause). You can claim this as wages owed or unlawful deduction.

Scenario 2 - Dismissed and paid part of notice: If they only paid one week of two weeks' notice, you can claim the missing week.

Scenario 3 - Dismissed in lieu of notice: Your contract may allow "pay in lieu of notice" - a lump sum instead of working out the notice. This is lawful if agreed. Check your contract.

How to Calculate Notice Pay

  1. Check your contract for notice period stated (e.g., "one week," "two weeks," "four weeks"). If not stated, statutory minimum is one week.
  2. Calculate your daily rate: gross annual salary divided by 365, or weekly rate divided by 5 (five-day week).
  3. Multiply by the number of days in the notice period (e.g., two weeks = 10 working days).
  4. Add any bonuses, commission, or benefits normally paid (unless your contract excludes them during notice).
  5. Subtract tax and NI (unless claiming gross amount, in which case tribunal may award net only).

Employment Rights Act 1996 s.86

Gives all employees (with one month service) the right to at least one week notice. If your contract requires more, that notice period applies. Employer must pay unless you were in gross misconduct.

Filing Your Claim

File an Employment Tribunal claim under ERA 1996 s.13 (unlawful deduction/failure to pay) within three months of non-payment. Gather: contract, termination letter, email of dismissal, payslips showing non-payment, proof of last day worked. Tribunal will award the amount owed plus interest from the non-payment date.

Do You Need Help?

WageReclaim can calculate your notice pay and help file the tribunal claim. For representation, free help is available from Citizens Advice or unions.

What the Law Says

Statute
Employment Rights Act 1996 s.86
All employees with one month service have statutory right to minimum one week notice. Contract notice periods must be honoured.
Payment
ERA 1996 s.13
Failure to pay notice is a deduction. Employee can claim the amount owed plus compensation.
Exception
Gross Misconduct
Only exception to notice pay is proven gross misconduct (theft, violence, gross insubordination). Common disciplinary issues do not justify withholding notice.
Time Limit
3 Months from Non-Payment
File claim within three months of last day of employment or date non-payment occurred. Extensions for exceptional circumstances.

Frequently Asked Questions

Can my employer withhold notice pay for disciplinary reasons? +
No, unless it was gross misconduct (theft, violence, deliberate damage). Common discipline (poor performance, lateness, arguments) does not justify withholding notice. You must be paid even if dismissed for cause.
What if my contract says "no notice" or I'm on probation? +
Probationers can have shorter notice (often one day). If your contract says no notice but you've completed one month service, statutory minimum (one week) still applies. "No notice" clauses are void where statute overrides.
Does notice pay include holiday or bonuses? +
Notice pay is your base salary for the notice period. Bonuses, commission, and benefits usually only if they are contracted as regular/guaranteed. Check your contract. Accrued holiday should be paid separately.
Is "pay in lieu of notice" the same as notice pay? +
Yes, if agreed in your contract. Pay in lieu is a lump sum instead of working out the notice. It is lawful if the contract allows it. Check your contract - if it says they can dismiss "without notice or in lieu," that is valid.
Can I claim for lost benefits or pension during notice? +
You can claim for benefits owed during the notice period if they were supposed to be paid (e.g., mobile phone allowance, parking). Pension contributions stop at dismissal. Claim what was due to be paid as wages.
How much can I claim if I lose a job during notice? +
You claim the full notice period salary. If notice was two weeks at £500/week, you claim £1,000. Tribunal may also award interest from the non-payment date and compensation for the unlawful deduction if egregious.

Claim Your Notice Pay Now

Use WageReclaim to calculate notice period pay and file your Employment Tribunal claim.

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