Notice period - help please

[KinkyAfro]

I'm not sure where to post this but I could do with some advice.

My fiancé has handed his notice in via email stating that his last working day is 10th August; his boss has told him that she doesn't accept this date and she wants him to finish on 20th July - the day before we go away for a week. We have just been discussing this and my fiancé thinks that because he's stated that he wants to finish on 10th August, and she's saying he has to leave on 20th July, that she should be paying him up to and including 10th August. She only requires a weeks notice (possibly 2 I can't remember) and he only put his notice in when he did because they already knew he was leaving.

I've told him I don't think she should have to pay him until 10th August as it was his decision to finish on 10th August and his boss has never accepted it, it would be different if she had and then changed her mind.

So my question is who is right? Should she be paying him up to 10th August (gardening leave) as he says, or should she be paying him up to 20th July which is when she wants him to finish as I say?

Opinions welcome

And this is why asking for employment law advice in AIBU is a bad idea.

He is entitled to give more than the basic minimum notice if he wants to. Unless he is being dismissed, he gets to decide his last day, unless he wants to give less notice than required.

If she wants him to leave earlier, she either needs to find sufficient grounds to dismiss him, or she needs to pay him in lieu of notice or put him on garden leave.

Thanks again for the advice, seems most are in the 'she's done nothing wrong' camp. He's not going to be impressed 😁

My previous employer allowed me to retract my notice (last day of the annual year), to amend to first day of annual year.
This allowed me to retain my annual bonus (5K).
I had been employed for 15 years, which may be significant.
I had a notice period of 1 month, which I worked.
If you work your notice period, they are not obligated to pay anything more. Holidays accrued should be honoured and paid, so not sure how it makes a difference.

Gardening leave grinds my gears.
It's GARDEN leave legally.
Feel free to do gardening though.

He has to give one week's notice, so that is one week from today's date. He will then be paid for the holidays if he has actually accrued them - or, they will remove pay from his final salary if he owes the company money for taking more holidays than the set period. Ie. if you've taken 75% of your annual leave in the first half of your leave year.

throwawayagain we've got shitloads of gardening to do so at least he'll be busy 😁

How long has he worked there for OP? Is it less than 2 yrs?

Hawkie he has accrued the holidays

Thanks again for the advice, seems most are in the 'she's done nothing wrong' camp. He's not going to be impressed 😁

It doesn't matter what people on MN think, it matters what employment law says. You're asking in the wrong place.

How much notice is he supposed to give? How much notice do people of his rank/grade usually give.

If it's a month and he has worked there for more than two years then she could be on a sticky wicket not paying him a months notice.

So he wanted to go away on holiday, come back for a couple of weeks, and then leave, is that correct? If she accepts that, then she could cancel his holiday and you could lose money so I wouldn't do that if I were him. He should have just resigned when you got back from holiday. What a plonker. Have a good time.

Notice periods are usually minimum notice periods and I'd be surprised if there's anything in the contract that prohibits giving more notice than strictly necessary - on either side.

He has handed in his notice date. If she refuses to accept that, fine, it's null and void. He just needs to wait until a week before he's leaving and hand his notice in then.

If you can really do without the money now, let her stamp her feet and insist he leaves by x date. Get it all emailed/in writing. Leave on the earlier date given.

Then go to ACAS and sue for constructive dismissal. He'll get thousands. My dh did in exactly this situation.

Fuck sake OP, listen to flowery. a) she’s known to be an expert on here b) she’s right.

Ok thundercracker no need to swear, I'm taking everything on board

Some info from CAB in England about notice that you can apply to your situation. Also suggest contacting ACAS

www.citizensadvice.org.uk/work/leaving-a-job/resigning/your-notice-period-when-resigning/

Thanks again and badadverts that's great, thanks. Looks like he's in the right then, dammit 😉

The issue might be that he doesn't have a written contract...why would anyone work without one!

Don't know barley it's not something I'd do