termination before notice period is over

[bluebeagle]

Hi there,

I gave notice to my employer a few weeks back but now they're looking to terminate my employment before the notice period is over.
Some background:
* notice period on both sides is 3 months as per contract
* I gave HR a date regarding the exact full notice period (3 months)
* now they're looking to terminate that employment 1 month earlier than the 3 months
* I have holiday booked for these coming months
* I have worked at the company for less than 2 years

Reading on the some of the posts and UK gov sites, it looks that if they want me to leave before the 3 months then they have 2 choices:
* Garden leave
* Payment in lieu of notice

Otherwise if they try to persuade me to leave earlier then it could be considered 'forced resignation/unfair/constructive dismissal'.

Am I reading this right? What options do I have?

[ULA]

There are three options in this situation:

1. Do you have a payment in lieu of notice as a provision in your contract of employment? In which case your employer will be able to end the contract before the expiry of the notice period and pay you for the remainder of the notice period? If there is no such provision, then the employer would potentially be in breach of contract for making such a payment.

2. To place you on a period of garden leave for the remaining time of your notice, if the contract of employment allows this. Garden leave is where you would be bound by the terms of the employment contract, however you do not come in to work during the notice period.

3. Another option to avoid the issue given at point 1 is for your employer to agree with you an earlier termination date with a compensation payment, i.e. paying the rest of your notice period. In this case since if you agree to accept a payment in lieu of notice and end the employment before the end of the notice period there is no breach of contract.

Hope that helps.

[bluebeagle]

thank you,

I checked my contract and I can see that I do not have a clause for payment in lieu, or for garden leave.
So I suppose that leaves option 3.

thanks again