Entitlement to salary during notice period of redundancy

davsarg

Hi there,

I wonder if someone could advise me on the following please. I was informed on 20th Jan that I was being made redundant on 14th april and so am currently working my notice period on a 'garden leave' basis. What i'd like to try and find out is - if I start a new job during my notice period what am I legally entitled to in the way of salary from the employer who made me redundant if I start my new job whilst still within my notice period from my old job.

If anyone can advise me please or point me in the right direction then I would be very grateful.

Many thanks

Kaiyo

I have been researching this heavily as I am in the same situation. Generally speaking, if you start work during your notice period when you are on garden leave, you will be in breach of contract and it is possible for your employer to sue you for damages.

Try these links for further information:
http://www.roydens.co.uk/content11.htm
http://www.emplaw.co.uk/researchfree-redirector.aspx?StartPage=data%2f041.htm
http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026689

reheat

I would guess you'd also be at risk of losing your redundancy money - it's usually conditional on you fully complying with any notice obligations.

painterscastle

hi i am just coming to the end of my green leave ( feb 13th )

strictly speaking if you take another job then your current employer does not have to continue paying you and does not have to pay redundancy because you have left before they let you go, but moast employers will honour the redundancy

you will need to talk to HR but make sure you get it in wrighting

LegoHead

I was given pay in lieu of notice so this means I do not have any ties to the company I was made redundant from, I wonder if you could have done this instead?