Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

Original poster

Notice Period: Employer told me to leave earlier

25 replies

EE1980 · 22/06/2023 07:02

Am i still entitled to get the pay which would've been due to me for my whole notice period please?

So have to give 3 months notice to employer. I did. In writing. Fine to work it.

Employer comes back to me verbally and says I can leave in 3 weeks. Im surprised at this but fine it's a bit of a toxic place to be at moment.

They the email me and say so end of week to leave is agreed.

I've not responded.

If I agree to go earlier am I forfeiting my notice period pay or (because it's my employer telling me to leave earlier than notice period) they need to pay me for the 3 months please?

It all feels a bit shady the way they've just told me to leave earlier (no dismissal or disciplinary issues) and have said - all agreed then

OP posts:
TookTheBook · 22/06/2023 07:04

Your contract has the answer, if it says 3 months clarify they mean you can physically stop coming in but they will pay your notice as per the contract.

lalalalalalaleeee · 22/06/2023 07:04

I think if you have to give 3 months they can ask you to finish early but have to pay your notice

Waitingforsummer75 · 22/06/2023 07:05

You're entitled to pay in lieu of notice. It's not unusual for an employer to allow you to not work your notice.

Thea91 · 22/06/2023 07:05

I thought they had to pay you. I once left a job 3 weeks earlier as they had half the team leaving within a few months of each other so wanted us all to leave on the same day - we were all paid what our notice period would have been.

Probationnotontarget · 22/06/2023 07:07

Write back

I confirm I am happy to leave the building on x date with my final leaving date of x, and final salary due X date.

Just make it clear.

SnapPop · 22/06/2023 07:10

I think this is quite common and would not expect it to affect your pay. But do clarify to make sure.

andweallsingalong · 22/06/2023 07:29

I think they are hoping it will benefit you and save them paying the notice period if you agree.

I would bat it back to them and say that you are happy to work the 3 months notice or if they would prefer you to leave earlier you will oblige so long as you are paid in lieu for the notice period.

lightlypoached · 22/06/2023 07:30

It's pretty common to go on 'garden leave' which means you don't work but get paid anyway - and crucially you aren't allowed to work anywhere else instead

You just need to clarify that this is the case for you.

katmarie · 22/06/2023 07:37

Just write back to them as a pp has said. Happy to have last date of attendance as x date. Please confirm that my notice period will be paid in full along with x days annual leave owed to me.

I was put on garden leave when I moved jobs to what my company thought was a competitor. It wasn't, but I still got 3 weeks off work, which was nice.

tanstaafl · 22/06/2023 07:40

90 days notice means they have to pay you 90 days pay with one exception, if you went to them saying you’d like to leave earlier ( say you had a new job and wanted to start as soon as ) AND they’re happy to agree.

They can finish you in one month, two months , or whatever they generally want but they have to pay you the full notice period.

In these cases you get a PILON added to your final payslip - payment in lieu of notice.
In some ( all? ) cases PILON payments exclude pension contributions and any other payments for example share scheme payments.

Oblomov23 · 22/06/2023 08:07

I'd confirm it in writing, that if you leave early they'll still pay the 3 months.

Quveas · 22/06/2023 09:54

Oblomov23 · 22/06/2023 08:07

I'd confirm it in writing, that if you leave early they'll still pay the 3 months.

I would agree - take nothing for granted. If you agree to leave early that could easily be interpreted as agreeing to waive your notice period. You should also check the basis of your leaving - would they be paying in lieu of notice or would you remain on the books for the three months - this can affect a number of things, so you need to understand what they are suggesting.

Hoppinggreen · 22/06/2023 09:57

I recently left an employee that has form for this and also for trying to include holidays in the notice period to get out of paying them.
When I resigned I sent an email to say that I was available and willing to work my full notice period and that I did not want to take any holidays during that period.
I have just spent a month on gardening leave at their request but will get a full months pay plus holidays accrued.

Original poster
EE1980 · 22/06/2023 11:03

Thanks everyone - they emailed saying you leave with 1 weeks notice and we'll pay you for 1 week

OP posts:
Original poster
EE1980 · 22/06/2023 11:03

I'll respond to them now (as I hadn't before) as per you've advised thanks again!

OP posts:
cyncope · 22/06/2023 11:05

EE1980 · 22/06/2023 11:03

Thanks everyone - they emailed saying you leave with 1 weeks notice and we'll pay you for 1 week

Do you want to do that or would you rather work the whole 3 months?

Original poster
EE1980 · 22/06/2023 11:08

I want to leave because it's toxic here. I was prepared to work the 3 months. I was surprised when they came back and at first said one month then 1 week. It's a huge company.

I'm aggrieved that they're doing it to not pay me the notice pay but I don't think I want to prolong the agony of staying

OP posts:
TheSeaDoesntKnowMyName · 22/06/2023 11:29

EE1980 · 22/06/2023 11:03

Thanks everyone - they emailed saying you leave with 1 weeks notice and we'll pay you for 1 week

Sure, and then I'll sue you for breach of contract - make sure you have a copy of your contract

https://www.gov.uk/handing-in-your-notice/payment-during-your-notice-period

‘Payment in lieu’ of notice periodYour employer can ask you to leave immediately after handing in your notice.
If they do, they’ll probably offer you a one-off payment instead of allowing you to work out your notice period - called ‘payment in lieu’.
You can only get payment in lieu if it’s in your contract, or if you agree to it. If you don’t agree to it, you can work out your notice period.

Disputes over notice pay
If you can’t resolve a dispute about notice pay with your employer informally, you can follow your company’s grievance procedures.

If this doesn’t work, you may be able to make a complaint to an employment tribunal for breach of contract.

Handing in your notice

What an employee needs to do when they resign from a job: how to give notice, notice period, payment arrangements, gardening leave, restrictive covenants

https://www.gov.uk/handing-in-your-notice/payment-during-your-notice-period

Youknowaboutthepaint · 22/06/2023 11:39

You can agree to leave earlier if you wanted to start the new job earlier for example but if the early end date is imposed on you, yes you need to be paid the notice.

If leaving early suits you just take it. You'll probably find there's something contractual that means you can't start the new job while they're still paying you, even if you're required to work.

Hoppinggreen · 22/06/2023 11:55

EE1980 · 22/06/2023 11:08

I want to leave because it's toxic here. I was prepared to work the 3 months. I was surprised when they came back and at first said one month then 1 week. It's a huge company.

I'm aggrieved that they're doing it to not pay me the notice pay but I don't think I want to prolong the agony of staying

They won’t want you hanging around for 3 months, they are trying to get out of paying what is contractually owed. If they want you to leave after a week that’s fine but they have to pay you for 3 months
Reply as suggested

LadyTemperance · 22/06/2023 12:03

Do you have a job lined up to go to because you can’t start a new job whilst on gardening leave. If you are simple leaving due to hating the job you can insist on them paying the notice period but they can also insist on you coming in.

J0S · 22/06/2023 12:08

DO NOT accept one weeks pay when you are due 3 months pay ( plus any annual leave accrued ).

Before you reply to them again, phone the ACAS helpline for advice . It’s free and it’s a government agency so you know what they tell you is correct.

https://www.acas.org.uk/contact

Contact us | Acas

Contact details for Acas, including phone numbers to call our helpline, training and other Acas services.

https://www.acas.org.uk/contact

J0S · 22/06/2023 12:09

And you won’t have to stay - they clearly want you out of there so they will no doubt end up paying you in lieu of notice .

Aprilx · 22/06/2023 13:41

EE1980 · 22/06/2023 11:08

I want to leave because it's toxic here. I was prepared to work the 3 months. I was surprised when they came back and at first said one month then 1 week. It's a huge company.

I'm aggrieved that they're doing it to not pay me the notice pay but I don't think I want to prolong the agony of staying

You can mutually agree to terminate early if you want to leave, but if this is by mutual agreement, then of course they don’t need to pay you. They are trying to get you to agree.

What they cannot do is tell you that you need to leave in one month / one week, when you wish to work your full three months notice.

Fandabedodgy · 22/06/2023 13:44

Write back to them to say that whilst you are happy to leave in one week as per your contract you expect to be paid in lieu of notice for the full 3 months of your notice period and can they confirm this by return in writing.

Any problems and get yourself on the phone to ACAS

New posts on this thread. Refresh page
Swipe left for the next trending thread