Notice Period

[david101]

I have just handed in my resignation, my contract says I am required to give 12 weeks notice which I do not have a problem with. My employer now wants me too leave ASAP and wants me to agree to it. My new employer can't start me sooner than the 12 weeks as this was agreed with him. Where do I stand?
Does he have to pay me 2 weeks pay if I don't agree as I have a signed contract?
or
Can he pay me to the end of the month and then I am unemployed for two months?

David

[thugulike]

Your employer can ask you to leave earlier and many do but they must pay you. If your current employer tries to stop your pay you will need to take out an ET1. Tell your current employer you have taken advice and they must pay your or risk a tribunal. Have a look at the ACAS website.

[miseryguts1]

Your current employer should pay you for the full notice period whether you work it or not, (subject to the precise wording of the contract).

[buildersmate]

What miseryguts probably means is that your employer must honour the contract and pay you until the end of the 12 week period. This could either come about by one of three means: 1) you work normally but he doesn't want that 2) he pays you to sit at home - gardening leave. 3) he dismisses you soon and pays you the same money in lieu of notice.
If the third one is invoked, you would not be paid holiday accruals in the next 12 weeks. However any money paid in lieu of notice is treated differently by HMRC (I think) because it is not earnings - it is compensation because of a breach in the contract - and as such I'm pretty sure it is not taxable.