Can your employer shorten your notice period without your consent?

[RichTea90]

Hello,

handed my notice in at work - my notice is 3 months, so takes me to 21st Oct, but my employer wants to terminate my contract on 31st Aug, which doesn’t give me much notice at all. I’m trying to see if my new role will allow me to start sooner.

legally, where do I stand?

Depends what your contract says. It is fairly common for senior contracts to have a PILON (payment in lieu of notice) clause, meaning they can terminate you early but have to pay you for the full notice period. Presumably that would be ok. If they just want you to go early and not pay you you don’t have to accept it.

It is quite common to get 1-3 months of gardening leave.
Trade secrets, conflict of interest etc.

What does your contract say?

Yes they can give you an earlier leave date but they have to pay in lieu of notice and should also pay the cost of any benefits for that three months as well (been through it recently). You shouldn’t be financially any worse off and potentially get a couple of weeks holiday before the new job starts

What does your contract say? If it’s three months, they can ask you to stop working after a month, but they still have to pay you the other two months wages.

My contract states 3 months.

No, they can't just change it. If they could, the contract would be meaningless and every employer would do this.

Speak to ACAS. First step is to say in writing 'I expect the three month notice period in my contract to be honoured.'

They can put you on gardening leave so you don’t have to work, but they have to pay you for the whole 3 months unless you agree to something different with them.

Assuming you are in the UK

Yes, I am in the UK

In my resignation letter I did ask if there’s a possibility to shorten my notice, but I expected there to be negotiation. I don’t accept 31st Aug, that’s way too short. I’ve contacted my new employer and asked them if I can start in Sept. If I can’t, then I don’t accept 31st Aug….

Then say 'I don't accept the proposed date.'

Thanks!