Notice Periods and Probation by Country (2026)

Notice periods vary sharply across the six countries where Aristo Search places senior and professional staff. Start date planning turns on a candidate's contractual notice to their current employer, while termination terms in your offer need their own review.

Notice periods at a glance

The table below compares statutory minimum notice for employers and employees in the UK, Ireland, Australia, New Zealand, Canada and the United States. Use it as a floor, because contracts, market practice and termination liability shape actual timelines.

Country Employer notice (statutory) Employee notice Probation or qualifying period Main law
United Kingdom 1 week to 12 weeks by service 1 week Unfair dismissal after 2 years, 6 months from 1 January 2027 Employment Rights Act 1996
Ireland 1 to 8 weeks by service 1 week Probation up to 6 months; unfair dismissal after 12 months Minimum Notice and Terms of Employment Acts 1973
Australia 1 to 4 weeks, +1 week if over 45 Award or contract 6 months (12 for small business) Fair Work Act 2009
New Zealand None, contract governs Contract 90-day trial period available Employment Relations Act 2000
Canada Up to 8 weeks by province Some provinces Usually 3 months Provincial employment standards
United States None (at-will) None Montana only State law; WARN Act for layoffs

Last checked 5 November 2026. This is general information for employers, not legal advice. Check with employment counsel in each country before you rely on it.

United Kingdom

In the UK the statutory notice you give to an employee runs from nothing in the first month to a cap of 12 weeks after 12 years of service. For most hires the more immediate concern is the qualifying period for unfair dismissal, which is currently 2 years. Dismissals on or after 1 January 2027 will qualify after 6 months. Discrimination and whistleblowing claims do not need any qualifying service. Northern Ireland keeps its 1 year rule and will not adopt the 2025 change. Senior hires commonly have 3 months contractual notice, and directors often have 6 months, so set start dates after that longer period.

Length of service Minimum notice from employer
Under 1 month None
1 month to under 2 years 1 week
2 to 12 years 1 week per complete year
12 years or more 12 weeks
  • Employee notice: at least 1 week after 1 month of service. Contracts usually set more.
  • Unfair dismissal: 2 years of service today. The Employment Rights Act 2025 cuts this to 6 months for dismissals on or after 1 January 2027.
  • Probation: no statutory probation. Many employers use a contractual probation with shorter notice.
  • Northern Ireland: same notice table, but the unfair dismissal qualifying period stays at 1 year.
  • Market practice: 3 months notice is usual for senior managers in the UK, and 6 months is common for directors.

Ireland

In Ireland your statutory notice to an employee rises to 8 weeks after 15 years of service. A departing employee usually needs to give only 1 week after 13 weeks, so a candidate's current employer will often accept short notice. Probation is capped at 6 months and can reach 12 only exceptionally and in the employee's interest. Absence extends probation, so factor that into reviews. Unfair dismissal claims generally require 12 months of service.

Length of service Minimum notice from employer
13 weeks to under 2 years 1 week
2 to under 5 years 2 weeks
5 to under 10 years 4 weeks
10 to under 15 years 6 weeks
15 years or more 8 weeks
  • Employee notice: 1 week after 13 weeks, unless the contract says more.
  • Probation: no more than 6 months. It can be extended to 12 months only in exceptional cases where it is in the employee's interest, and absences such as sick or family leave extend it.
  • Unfair dismissal: generally needs 12 months of continuous service.

Australia

In Australia the Fair Work Act sets employer notice from 1 week for up to a year to 4 weeks after 5 years, plus another week for employees over 45 with 2 years of service, and pay in lieu is allowed. If a candidate is leaving, their notice comes from an award or contract; keep the employer table for your terminations. Unfair dismissal protection starts after 6 months, 12 months for small businesses under 15 employees. Award-free employees earning above A$190,100 from 1 July 2026 fall outside unfair dismissal protection.

Continuous service Minimum notice from employer
1 year or less 1 week
Over 1 year to 3 years 2 weeks
Over 3 years to 5 years 3 weeks
Over 5 years 4 weeks
Employee over 45 with 2+ years Add 1 week
  • Employee notice: set by the modern award, enterprise agreement or contract.
  • Minimum employment period: 6 months before an unfair dismissal claim, or 12 months at a small business with fewer than 15 employees.
  • High income threshold: A$190,100 from 1 July 2026. Award-free employees earning more cannot claim unfair dismissal.
  • Pay in lieu: allowed at the full rate for the notice period.

New Zealand

New Zealand has no statutory notice period, so the employment agreement should state the notice both sides must give. If it is silent, reasonable notice applies. A 90-day trial period is available to all employers for new employees, but it must be written and signed before the person starts. From 21 February 2026 employees on NZ$200,000 or more under new agreements cannot bring an unjustified dismissal grievance unless the parties opt in. Existing agreements get a 12-month transition.

  • Notice: no statutory minimum. The employment agreement sets it, and if it is silent the notice must be reasonable.
  • 90-day trial periods: available to all employers since 23 December 2023, for new employees only, agreed in writing before work starts.
  • High earners: since 21 February 2026, employees on NZ$200,000 or more under new agreements cannot bring an unjustified dismissal grievance unless the parties opt in. Existing agreements have a 12-month transition.

Canada: notice periods by province

In Canada the statutory employer notice in most provinces tops out at 8 weeks, but the common law can require 12 to 24 months of reasonable notice for a senior hire if the contract does not limit it. That exposure shows why the termination clause in your offer matters. For start dates, look only at the candidate's contractual notice to their current employer. Statutory employee minimums are short, and the long common law notice applies when you end employment. Ontario adds severance pay for payrolls over C$2.5 million at 5 years of service.

Jurisdiction Employer notice by service Employee notice Probation
Federal (Canada Labour Code) 2 weeks after 3 months, then 1 week per year up to 8 None 3 months
Ontario 1 week after 3 months, 2 weeks after 1 year, then 1 week per year up to 8 None 3 months
British Columbia 1 week after 3 months, 2 after 12 months, 3 after 3 years, then 1 per year up to 8 None 3 months
Alberta 1 week (90 days to 2 years) rising to 8 weeks at 10+ years 1 week, or 2 weeks after 2 years 90 days
Quebec 1 week (3 months to 1 year) rising to 8 weeks at 10+ years Reasonable notice under the Civil Code 3 months
Manitoba 1 week (30 days to 1 year) rising to 8 weeks at 10+ years 1 week, or 2 weeks after 1 year 30 days
Saskatchewan 1 week (13 weeks to 1 year) rising to 8 weeks at 10+ years None 13 weeks
Nova Scotia 1 week (3 months to 2 years) rising to 8 weeks at 10+ years 1 week, or 2 weeks after 2 years 3 months
New Brunswick 2 weeks (6 months to 5 years), 4 weeks after 5 years None 6 months
Prince Edward Island 1 week (90 days to 1 year) rising to 8 weeks at 15+ years (new Act from 30 June 2026) Check the new Act 90 days
Newfoundland and Labrador 1 week (3 months to 2 years) rising to 6 weeks at 15+ years Check with counsel 3 months
  • Ontario severance pay: on top of notice, 1 week per year of service up to 26 weeks for employees with 5+ years where the employer's global payroll is C$2.5 million or more.
  • Common law: outside Quebec, courts award reasonable notice unless an enforceable termination clause limits it. Senior hires often receive 12 to 24 months, so the termination clause in the offer matters.

United States

US employees are at-will everywhere except Montana, so no statutory individual notice applies when you end employment. Montana requires good cause after a default 12-month probation. For plant closings and mass layoffs, federal WARN imposes 60 days at employers with 100 or more staff. New York requires 90 days at 50 or more employees, New Jersey 90 days plus mandatory severance, and California 60 days at 75 or more employees. Start dates for candidates usually depend on their own contract.

  • At-will employment: either side can end employment without notice, unless a contract or policy says otherwise.
  • Montana: after the probation period (12 months by default), dismissal needs good cause.
  • Layoffs: the federal WARN Act requires 60 days notice of plant closings and mass layoffs at employers with 100 or more staff. New York requires 90 days (50+ employees), New Jersey 90 days plus mandatory severance, and California 60 days (75+ employees).
  • Market practice: two weeks resignation notice is a courtesy, not a legal duty. Senior hires may agree longer notice or garden leave in their contracts.

Planning a start date for a senior hire

Senior hires usually have a contractual notice period that sets their availability. UK senior hires commonly need 3 months, and directors often need 6 months. In Ireland the statutory employee minimum is only 1 week after 13 weeks. Australia and New Zealand leave employee notice to the award or employment agreement. Canada follows the contract as well. The 12 to 24 month Canadian common law notice applies only when you end employment, so it should shape your termination clause and stay separate from start date planning.

1. Confirm contractual notice before the offer

Ask for a written copy of the candidate's current employment agreement before you set a start date. UK senior hires commonly need 3 months, and directors often need 6. In Ireland the statutory employee minimum is only 1 week after 13 weeks, so check the contract for any longer period.

2. Cap Canadian common law liability

Use an enforceable termination clause in Canadian offers. Without one, common law reasonable notice for senior hires can reach 12 to 24 months even though statutory notice in most provinces caps at 8 weeks. This clause does not change how quickly the candidate can start.

3. Use probation and trial periods correctly

Ireland caps probation at 6 months, extendable to 12 only exceptionally and in the employee's interest. New Zealand trial periods of 90 days must be written and signed before the new employee starts. Australia unfair dismissal protection starts after 6 months, or 12 months at small businesses.

4. Track US mass layoff rules

For plant closings and mass layoffs, federal WARN requires 60 days at employers with 100 or more staff. New York adds 90 days at 50 or more employees, New Jersey 90 days plus mandatory severance, and California 60 days at 75 or more.

5. Set expectations for post-offer notice

Start date planning should begin with the candidate's contractual notice and treat statutory employer minimums as separate. In Australia employee notice comes from the award or contract. In New Zealand the employment agreement governs if it states a notice period. Build that buffer into the offer timeline.

How Aristo Search plans around notice periods

Aristo Search checks each candidate's written contract before an offer is signed. UK senior hires commonly need 3 months, and directors often need 6 months, so we set start dates after that period and keep clients updated. In Canada we separate the candidate's notice from common law termination exposure and advise on an enforceable termination clause. For Ireland, Australia and New Zealand we confirm award or agreement terms before you commit to a timeline.

More hiring guides and tools

Sources

Questions employers ask

What notice does a UK employer need to give when dismissing someone?

Statutory notice runs from none under one month to 12 weeks after 12 years. Before January 2027 unfair dismissal claims require 2 years of service. Dismissals on or after 1 January 2027 qualify after 6 months. Discrimination and whistleblowing claims have no qualifying period.

Can we use probation to reduce unfair dismissal risk?

UK law has no statutory probation. Ireland caps probation at 6 months, extendable to 12 only exceptionally and in the employee's interest; absence extends probation. New Zealand trial periods are 90 days and must be written and signed before the new employee starts. Australia unfair dismissal protection needs 6 months, or 12 months at a small business.

How much notice will a candidate need to give their current employer?

That depends on their contract. UK senior hires commonly have 3 months, and directors often 6. Ireland has a statutory employee minimum of 1 week after 13 weeks, so confirm any longer contractual notice. Australia uses award or contract terms. New Zealand uses the employment agreement. Canada follows the contract.

Does Canadian common law notice delay a senior hire's start date?

The 12 to 24 month common law notice applies when you end employment. It does not apply to a resignation. Start dates follow the candidate's contractual notice. An enforceable termination clause limits your common law exposure without changing the start date.

When can an employee bring an unfair dismissal claim in Ireland or Australia?

In Ireland unfair dismissal claims generally require 12 months of service. In Australia the minimum employment period is 6 months, or 12 months for small businesses under 15 employees. Award-free employees earning above A$190,100 from 1 July 2026 cannot claim unfair dismissal.

Do US employees get statutory notice on termination?

Most US employees are at-will and get no statutory individual notice, except in Montana where good cause applies after a default 12-month probation. Plant closings and mass layoffs trigger federal WARN at 60 days for 100 staff, with longer state rules in New York, New Jersey and California.

What should we include in an offer for a senior hire who must work out notice?

Set the start date after the candidate's contractual notice. UK senior hires commonly need 3 months, directors often 6. In Canada use an enforceable termination clause to cap common law exposure at 12 to 24 months. Across Ireland, Australia and New Zealand confirm the applicable award or agreement notice terms before signing.

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