Told to leave early after resigning: tribunal orders notice pay

This case shows what can happen when an employer decides to cut short an employee's notice period without paying them. The claimant, a General Manager at a bar, resigned giving one week's notice as required. The owner told him to leave that same day, and he was paid only up to that date – missing the final week.

What the employer could have done differently

The employer could have allowed the claimant to work his notice, or paid him in lieu of notice if they wanted him to leave early. Instead, they simply stopped paying him after telling him to go. The tribunal noted that the claimant had offered to help with training during his notice period, showing he was ready to work.

Why this matters

The case is a reminder that the right to notice pay is a contractual right, not a bonus. Even employees with less than two years' service – who cannot claim unfair dismissal – can bring a claim for unauthorised deductions if they are not paid for their notice period. The employer's failure to attend the hearing did not help their case, and the tribunal had no difficulty finding in the claimant's favour.

For anyone in a similar position, the key is to give proper notice in writing and keep evidence that you were willing to work it. If your employer tells you to leave early, you are still entitled to be paid for the notice period unless you have committed gross misconduct. In this case, there was no suggestion of misconduct – the employer simply wanted the claimant to leave sooner.