Does an employer have to pay your notice period if they don't require you to serve it

flanagain · 10-06-2016 08:38PM #1

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davo10 · 10-06-2016 08:48PM

flanagain wrote: »

I just started a new job. Four weeks ago. In the meantime I got offered a better job I had applied for at the same time. So I gave notice to leave. I only gave notice because the contract stipulated that it was a requirement even within the first 13 weeks. They didn't require me to serve it and I just left.

They were very nice to me and very understanding, however, I haven't yet received a P45 or a payslip, which has been typically forwarded almost immediately after I've left jobs in the past.

They owe me 1 week's pay (for hours I was actually in the office) so I'm wondering if they do plan to leave payment until the 1st of the month, should I expect the week's notice pay to be included in that payslip?

Thanks for your help.

Your contract might stipulate that a notice period is required but this can be voided by agreement. If you didn't actually work your notice but agreed to leave immediately, you are only entitled to be paid for the hours worked. If you gave your notice but they told you to leave immediately then you would be entitled to payment, it's referred to as " gardening leave". You are not due any payment beyond what you worked if there was a mutual agreement that you didn't have to work your notice.

davo10 · 10-06-2016 09:11PM

flanagain wrote: »

IThey didn't require me to serve it and I just left. .

Sounds like they didn't require you to work notice and you wanted to start your new job. That's pretty much a mutual agreement to terminate without notice.

Does an employer have to pay your notice period if they don't require you to serve it

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