Refusal to work notice period

Q: If an employee has been given 4 weeks’ notice of their position becoming redundant, but they do not want to work their notice period, is the company obliged to pay the notice in lieu? Or can this notice period be mutually agreed to be shortened?

A: If an employee is unwilling to serve part or all of their notice, they will not be entitled to payment for that period they do not serve. Ideally, to avoid any possibility of disputes, it would be preferable to reach an agreement with the employee about the end date of their employment.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Redundancy and retrenchment for current advice.

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