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Is this wrong? Notice and pay

5 replies

DivisionBelles · 19/06/2019 19:56

My DB has handed in his notice. Contractual notice is 3 months. Employer is asking him to leave earlier, but not pay his notice. This doesn't sound right to me. Any employment law/HR bods able to clarify?

OP posts:
m0therofdragons · 19/06/2019 20:35

If you have another job to go to then you can leave by mutual agreement and reduce the notice period. You would receive payment for the agreed notice period.

It often happens when work is of a sensitive nature or you move to a competitor. They cannot force you to leave earlier than contracted although they can place you on gardening leave if they no longer want you in the office. The contractual notice period would have to be paid though.

flowery · 19/06/2019 21:40

They can’t force him no. If they don’t want him at work they can either put him on garden leave or pay him in lieu of his notice period. But as long as he is available and willing to work his notice, he must be paid for it.

Tututut · 19/06/2019 23:13

If he is giving them 3 months notice and that is what he wants to work then yes, they have to pay him. The notice period in a contract works both ways.

CloudsCanLookLikeSheep · 06/09/2019 07:21

Cheeky beggars! No he is entitled to 3 months if hes willing to work it. If they want him to leave earlier they need to pay in lieu or place on garden leave.

AlwaysCheddar · 07/09/2019 07:13

They need to pay him!

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