What about agreements to leave early?

As already indicated, section 92(6) of the ERA 96 says that if an employee is dismissed with notice, the EDT is the date the notice expires. This is the case even if the employee is not expected to come to work during the notice period. However, the EDT can be brought forward if the parties agree to end the contract early, cutting short the notice required, or if the employer exercises a contractual right to make a payment in lieu of notice (see page 15). Bringing forward the EDT will bring forward the tribunal claim deadline.

Any agreement to bring forward an employee’s termination date must always be clear and unambiguous. An employee has a right to know for certain the date their employment ends (Wedgewood v Minstergate Hull Limited [2010] UKEAT/0137).