If you resign, and agree a date to leave, but they then ask you to go sooner surely they have to pay until the orginal date?

[Glassofwine]

A great friend of mine has resigned from her job recently in order to become self employed. She was on a three month contract, but agreed with HR to go in 6 weeks time (this was three weeks ago). Today her boss suggested that she go at the end of the week when she asked if she'd be paid until the orginal date her boss said no, just til the end of the week. Surely they can't do this? She's not great at confrontation. She says that her boss is implying that it's a joint decision to go this week and didn't know that she'd agreed a different date with HR. Can they do this?

[RiponAlli]

Hi, sorry I may not be much help but does your friend have an employment contract? If so then both sides have to adhere to it and it would detail the amount of notice required. IE if it states 4 weeks notice then even if her employer tells her to leave in 1, then he would have to pay her for 4 weeks. If not then I suggest your friend calls her local Citizens Advice Bureau (number will be in the phone book, possibly also under CAB) and they will be able to advise her. Good luck.

[natric01]

I'd look on the ACAS web site there the law on these matters. Had bad time with ex employer when maternity leave finished after DD2 and ACAS sorted it all out for me.

[clerkKent]

It depends entirely on what the contract says, but that can be overruled if there is mutual agreement. A 3 month contract may have one week's notice, or could be fixed term (no specified notice). If there is no specified notice period, then the pay period is the default - if you are paid monthly, then notice is 1 month (but this is not legally binding).

[chocolatekimmy]

They are now terminating her contract early in effect.

She will need to check her contract to see what provisions are in there relating to how much notice they have to give.

If they want her to go sooner than the end of the notice period they have to give her, they will have to pay her the 'balance'

[harpsichordcarrier]

no hold on.... SHE has given notice, THEY can't give notice now. it is agreed and binding. unless she agrees, they can't reduce the notice period now.

[throckenholt]

I would have thought they have to pay her in lieu of work, if she agrees to go sooner.