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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47862
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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An employee has just handed in their notice, in their

Customer Question

Hello, an employee has just handed in their notice, in their contract it says they must give 8 weeks notice, the employee is willing to work that but we would like him to leave earlier as his level of commitment and quality of work has dropped. Can we ask him to leave earlier and do we have to pay him until the end of his notice or just for what he has actually worked?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. firstly can you tell me how long he has been with you and has he any disabilities please.
Customer: replied 1 year ago.
8 years and no disabilities.
Expert:  Ben Jones replied 1 year ago.
Does his contract state that you could pay him in lieu of notice?
Customer: replied 1 year ago.
No
Expert:  Ben Jones replied 1 year ago.
Generally if you wanted to force an employee to leave early and not work through their notice period you would need a payment in lieu of notice clause in their contract. If you do not have one and you make them leave early then you will technically be acting in breach of contract. However, you can avoid any potential liability if you ensure that you pay him for anything he would have earned had he been allowed to work through his notice period. So you must pay him for all time worked up to date of dismissal, his full notice period at full pay, any holidays up to date of dismissal as well as those he would have accrued over the notice period and any other monetary benefits he would have earned during the notice period. If you ensure you pay these amounts then you would be able to force him to leave immediately. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Thank you very helpful
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best