How to Ask Candidates for Their Notice Period

At some point, almost every employer sees the phrase: “please indicate your notice period”.

You’ll see it on job ads, in interview notes, in an email from a candidate, or in a recruitment form. Sometimes it’s code for “How soon can you start?” Other times, it’s a genuine attempt to avoid legal and operational risk (for example, hiring someone who shouldn’t leave their current role yet).

For a small business, notice periods matter because they affect your staffing, rostering, onboarding, customer delivery, and even your legal exposure if things go wrong. The good news is: with a clear process and the right paperwork, you can ask this question confidently and use the answer properly.

Below, we’ll break down what “please indicate your notice period” means in Australia, how notice periods work, what you can (and can’t) do with the information, and how to lock in your expectations in your employment documents.

What Does “Please Indicate Your Notice Period” Actually Mean?

In practical terms, “please indicate your notice period” means: tell us how much notice you’re required to give your current employer before you resign, and when you can realistically start.

As an employer, you’re usually asking this because you want to:

• Plan your start date realistically (especially if you’re replacing someone who has resigned or you’re scaling quickly).
• Avoid hiring risks (e.g. a candidate starting in a way that creates conflict with their current employer, which can lead to disputes and reputational issues).
• Coordinate onboarding, training time, and access to systems and customers.
• Manage operational pressure in busy periods where delays can affect revenue.

Importantly, a candidate’s notice period is not always a “standard” timeframe. It can vary based on their:

• employment contract
• modern award coverage (if applicable)
• enterprise agreement (if applicable)
• role seniority and custom industry practice
• length of service

So, if you ask a candidate to indicate their notice period and they reply “4 weeks”, that might be:

• a contractual requirement
• the minimum they want to give as a professional courtesy
• an estimate (not confirmed)
• subject to negotiation with their employer (for example, they may request early release)

Where Notice Periods Come From In Australia (And Why It’s Not One-Size-Fits-All)

In Australia, notice periods commonly come from these sources:

1) The Fair Work Act Minimum Notice

For many employees, the National Employment Standards (NES) under the Fair Work Act set minimum notice periods that apply when an employer terminates employment (with some exceptions).

That said, the NES minimum notice rules are most directly about employer termination, not an employee resignation. But they still matter, because:

• many contracts “mirror” the NES in both directions
• some awards and enterprise agreements include resignation notice rules
• employees often assume the same notice applies when they resign

If you’re dealing with termination, it’s important to get the notice calculation right and understand options like payment in lieu of notice, because mistakes can become underpayment claims.

2) The Employment Contract

Most commonly, a candidate’s notice period is set out in their employment contract. It might be:

• 1 week
• 2 weeks
• 4 weeks
• “1 week per year of service up to 4 weeks”
• a longer period for senior roles (e.g. 3 months)

Some contracts also include conditions about:

• probation and whether a shorter notice period applies early on
• garden leave
• handover obligations
• company property return requirements

When you hire, you’ll want your own expectations clearly written into your Employment Contract so you’re not relying on assumptions later.

3) Modern Awards Or Enterprise Agreements

Some employees are covered by a modern award or an enterprise agreement that sets minimum terms, and in some cases includes resignation notice requirements. This is more common in certain industries and classifications than others.

From an employer perspective, this matters because a candidate might tell you a notice period that doesn’t match what applies to them (sometimes unintentionally). If timing is critical, it can be worth asking the candidate to confirm their notice period in writing after checking their contract and, if relevant, any applicable award or enterprise agreement.

4) Company Policy Or Custom Practice

Some workplaces have internal policies that ask for a certain notice period (for example, “we request 4 weeks”). Policies alone aren’t always legally enforceable in the same way as a contract term, but they can influence what an employee thinks they “must” do.

As the incoming employer, you generally don’t need to interpret the outgoing employer’s policies. Your focus is scheduling and risk management.

How To Ask “Please Indicate Your Notice Period” (Without Creating Legal Or Practical Problems)

Asking the question is fine. The key is how you ask it and what you do next.

Ask For Clarity, Not Commitment You Can’t Enforce

A practical way to phrase it in writing (email or application form) is:

• “Please indicate your notice period and your earliest possible start date.”
• “Are you currently employed? If yes, what notice period applies to your role?”
• “Can you confirm whether your notice period is contractual or estimated?”

This approach helps you separate a confirmed legal requirement from an estimate.

Avoid Encouraging A Breach Of Obligations

Small businesses can be tempted to say: “Can you just leave earlier?” or “Don’t worry about it.”

Even if you’re under pressure to fill a role, it’s usually not worth creating a situation where the candidate is leaving their current job on bad terms or potentially in breach of their contract. At best, it can damage the relationship and lead to a messy first few weeks. At worst, it can trigger disputes between the candidate and their employer that spill into your business operations.

Use The Notice Period Information To Set A Realistic Start Date

Once you know the notice period, you can:

• set a start date that respects their obligations
• plan training and onboarding
• coordinate handovers with your existing team
• prepare equipment, logins, and policies

And if you need someone to start earlier, you can still explore options (without pressuring them), such as:

• them negotiating an early release with their employer
• them taking annual leave at the end of their employment (if approved by their employer)
• agreeing on a later start date but offering pre-start onboarding activities that don’t involve “working” (be careful here and get advice if you’re unsure)

What If A Candidate’s Notice Period Is “Too Long” For Your Business?

This is common for small businesses, especially when you need to fill a client-facing role quickly.

If the candidate indicates a longer notice period than you hoped, you generally have three options:

1) Accept The Timeline And Plan Around It

If the candidate is strong, waiting can be the right commercial decision. You can use the time to:

• finalise your role expectations and KPIs
• get your internal processes ready
• prepare training materials
• review your contracts and policies

2) Offer A Different Start Structure (With Care)

Depending on the role, you might consider whether there are lawful ways for the person to start in a limited capacity (for example, different hours or a later formal commencement). But this can quickly become complex, particularly if it creates overlap with their existing employment or raises conflicts of interest.

If you’re considering any kind of “pre-start work”, it’s worth getting advice so you don’t accidentally create an employment relationship earlier than intended or breach workplace laws.

3) Move On (But Keep Your Process Professional)

Sometimes the timeline simply doesn’t work for your operational needs. If that’s the case, keep the communication polite and clear. Small business communities are close-knit, and your recruitment reputation matters.

Even if you don’t proceed, the notice period question can still help you benchmark the market (e.g. “most candidates for this role need 4 weeks”).

Notice Periods In Your Own Employment Contracts: What Should You Include As An Employer?

If you’re asking candidates to indicate their notice period, it’s a good prompt to check whether your business has clearly set notice expectations for your own team.

A well-drafted employment contract will usually set out:

• how much notice an employee must give if they resign
• how much notice you must provide if you terminate (or whether you can pay in lieu)
• probation arrangements (including shorter notice during probation, if applicable)
• any relevant award/enterprise agreement references

This reduces disputes and makes transitions smoother when someone eventually leaves (which, in most businesses, is a matter of “when” not “if”).

If you’re regularly hiring, it’s also worth reviewing whether your documentation is consistent across your business, including your Workplace Policy suite (for example, handover processes, confidentiality, return of property, and exit procedures).

Be Careful With “One-Sided” Notice Clauses

Employers sometimes try to set a long resignation notice period (e.g. 8–12 weeks) for relatively junior roles. This can create practical issues (the employee may still leave earlier) and can contribute to disputes about deductions or withheld entitlements.

For senior roles, longer notice periods can be appropriate, but the contract should be drafted properly and reflect the reality of the role.

Think About Your “Exit Strategy” In Advance

Notice periods are part of risk management. It’s not only about when someone starts - it’s also about:

• how you manage confidential information
• how you handle client relationships during transitions
• whether restraints are relevant (if at all)
• how you protect your business operations if an employee leaves unexpectedly

Common Pitfalls Small Businesses Should Avoid When Dealing With Notice Periods

Notice periods feel simple, but they can create real friction if you don’t set expectations early.

1) Treating A Notice Period As A Guaranteed Start Date

If a candidate says “my notice period is 4 weeks”, don’t treat that as a guaranteed start date unless it’s clearly agreed in writing as part of your offer.

Delays can happen due to:

• the candidate negotiating a different end date (for example, agreeing an early release or taking leave)
• practical handover needs (even where the employee is only required to work their contractual notice)
• stress, burnout, or personal circumstances (especially if they’re leaving a difficult workplace)

From your side, reduce uncertainty by issuing a clear letter of offer and employment contract with a defined commencement date.

2) Changing Your Mind After You’ve Made An Offer

If you make an offer and later realise you can’t wait for the notice period, you might be tempted to withdraw it. But that can carry risk depending on what was said, what was signed, and how the offer was structured.

If you’re unsure, it’s worth reading up on withdrawing an employment offer before taking action.

3) Confusing Notice With Roster Changes (For Casuals And Shift Workers)

Notice periods apply to ending employment (or resigning), but small businesses also deal with a different issue day-to-day: notice of shift changes or cancellations.

If you run a business with rosters, it’s worth separating these concepts internally:

• Notice period = the lead time to end the employment relationship.
• Shift change notice = the lead time to change or cancel scheduled work.

If your business frequently adjusts rosters, consider whether you need a clearer shift cancellation policy so expectations are managed upfront.

4) Not Accounting For Probation And Early Termination Rights

Some roles have shorter notice during probation. Others don’t. Some awards impose minimum requirements even during probation. If your documentation is inconsistent, you can end up in disputes about whether notice was valid.

This is one reason it’s important to use contracts that actually match your business and the role, rather than copying a template that doesn’t reflect the award coverage or your operational reality.

5) Forgetting Privacy And Record-Keeping Basics In Recruitment

When you ask a candidate to indicate their notice period, you’ll usually collect other personal information too (CVs, referee details, sometimes IDs).

If you collect and store personal information, you should consider whether your business needs a Privacy Policy, and whether your recruitment process has appropriate access controls (especially if multiple team members can view candidate data).

Key Takeaways

• “please indicate your notice period” is essentially asking how long a candidate needs to give their current employer before they can start with you, and it’s a legitimate and useful question for small business hiring.
• Notice periods can come from contracts, and sometimes awards or enterprise agreements, so a candidate’s answer may be an estimate unless confirmed.
• Use notice period information to set realistic start dates and plan onboarding, but avoid pressuring candidates to breach obligations with their current employer.
• Your own employment contracts should clearly set out resignation and termination notice expectations, including probation and payment-in-lieu provisions.
• Be careful not to confuse “notice period” with rostering rules for shift changes and cancellations, which are a separate compliance issue.
• Strong employment documents and workplace policies reduce risk, help you manage transitions smoothly, and protect your business as you grow.

If you’d like help setting up (or reviewing) your Employment Contract and workplace documents so your notice period expectations are clear and enforceable, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.