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If I resign but want to work my notice period, can my employer stop me?

7 replies

fanjobiscuits · 17/09/2014 20:46

So say if I have a 3 month notice period and resign next week could my employer say right off you go and stop paying me? Or do they have to pay me for that period (obviously with me working for them if that's what they want).

OP posts:
youbethemummylion · 17/09/2014 20:49

They have to pay you your notice. Its up to them if they want you to work it or not. But obviously if they want you to you have to or they wont pay.you.

Smartiepants79 · 17/09/2014 20:49

Fairly sure they have to pay you.
What reason could they give for not paying you?
You're not being dismissed.

AppleAndBlackberry · 17/09/2014 20:49

I think they do have to pay you if that's your contract but they can ask you to leave the building and not come back. Is it called gardening leave? I am not a lawyer though.

EverythingCounts · 17/09/2014 21:00

I'm not a lawyer either but have known people go on 'gardening leave' - in that case they still have to pay you but say they'd rather you left straight away. Sometimes if you're going off to work for a competitor, they prefer to get people out asap.

fanjobiscuits · 17/09/2014 21:04

Thanks, that's what I thought!

OP posts:
FishWithABicycle · 17/09/2014 21:12

Very normal for companies to put staff on gardening leave, at full pay, if they are worried that you might use your notice period to avail yourself of customers, contacts or intellectual property to take with you, but it has to be on full pay unless you requested to be let go early.

maggiethemagpie · 17/09/2014 21:13

They can pay you in lieu = your employment stops and you get the same pay as you would if you'd worked your notice

or they can put you on garden leave = you are still employed for the duration of your notice period but don't attend work

or they can make you work your notice

They can't not pay you unless you choose to waive the notice period.

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