Why Notice period Matters
Notice affects hiring timelines, handover, pay, benefits, leave, client obligations, immigration, and candidate risk. Assuming every candidate can start immediately leads to unrealistic requisitions and can encourage them to leave employment without understanding contractual consequences.
Terms Recruiters Commonly Compare
Garden leave
During garden leave, employment continues through some or all notice while the employee is instructed not to perform normal work, subject to the applicable agreement and law.
Payment in lieu of notice
Payment in lieu ends employment without the person working the full notice and pays an authorised amount instead. It is not the same as working the notice period.
Recruitment Example
A selected manager has a contractual three-month notice period. The offer uses a start date subject to confirmed release, onboarding plans for a range of dates, and the candidate negotiates directly with their employer. The recruiter does not advise them to stop attending or conceal the new role.
Implementation Playbook
- Confirm whether the stated period comes from current contract, law, policy, collective terms, or candidate estimate.
- Build notice, checks, immigration, relocation, leave, equipment, and onboarding into the hiring timeline.
- Record the agreed start date and owner for any change rather than treating an early release as certain.
- Explain employer notice, pay in lieu, garden leave, accrued leave, and final pay through qualified local owners.
- Coordinate secure handover and access closure without requesting confidential material from the previous employer.
Common Mistakes
- Advertising an urgent start for a market where qualified candidates commonly have long notice.
- Telling candidates to breach notice or use sickness absence to start early.
- Assuming payment in lieu or garden leave is available without contractual and legal review.
- Confusing a notice period with a non-compete period.
Metrics to Track
Questions Recruiters Ask
Can a notice period be negotiated?
The parties can sometimes agree a different end date, but neither recruiter nor candidate should assume agreement. Contract, law, operational needs, and immigration may matter.
When does a notice period start?
That depends on how valid notice must be given and received under applicable terms and law. Use authorised advice for an actual termination date.
Does notice always have to be worked?
No. Valid arrangements can include release, garden leave, payment in lieu, or another agreement, while some serious circumstances may permit termination without ordinary notice.
Sources and Review
ATZ CRM Recruitment Editorial Review · Reviewed 2026-08-05
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