couple of questions

sjtaylor_1999

Hi all,

the worst may be happening so i have a coupel of questions if you dont mind.

1. Does your length of service include your notice period as this would add another full complete year?

2. Does your holiday pay still accrue through your notice period

3. If you are told your position ends on a set date can the company ask you to work the rest of your notice in a different role?

thanks for your help with this.

getmore4less

1,2 YES. (holidays pro rata including Bank holidays)

From the date of notification of termnation not the at risk.

3. Ask for PILON or garden leave for the rest of the notice.

It will depend on your contract if they can ask you to do other jobs.

sjtaylor_1999

thanks for your answers so far,

another question i have is my job has some benefits; car, laptop phonen would i be entitled to keep these through the notice period or if i got a PILON would that end the benefits?


thanks again

getmore4less

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073791192&type=RESOURCES

Should help,
There is a lot of good info on redundancies on-line worth a read might raise some other questions you have npot thought of.

Also usefull is to understand the process the emlyer should go through.

http://www.businesslink.gov.uk/bdotg/action/layer?r.s=m&r.l1=1073858787&r.lc=en&r.l2=1073876974&topicId=1084823152

try a search for terms like redundancy and look at links on official sites lke ACAS, .gov.uk etc.

sjtaylor_1999

ok again thanks for everybodys help. I have looked at the link and things are becoming clearer. If i have understood correctly if i am given PILON they woudl buy my benefits; car,laptop and phone off me but how would i get a fair value as i dont want to be cheated out of anything.

Pete111

Just to be clear - Garden leave is quite different to PILON as you remain an employee of the company up until the end of your notice period and cannot start alternative work.

However, Re the PILON/length of service/benefits query I had this whole discussion with our employment lawyer the other week. Basically, where a company terminates your employment via PILON the end of your employment is almost always the point you leave the place of work. This date of termination should be notifed to you in writing and after this you are a free agent.

After this point you may well retain some right to retention or reparation for contractual benefits you would have had access to were you working your notice. For example, if it is a forced termination (ie redundancy) I tend to allow private healthcare etc to run on for the period of notice that would have otherwise been worked.

However, things like laptops etc would usually need to be given back on the termination date unless they were contractual benefits.

With the company car, it's worth discussing your retaining this for a period after leaving - early return charges on leased cars are high and the company my not actually lose out on you retaining the use for a while after termination.

Finally, be careful re PILON and your 'overhanging' notice giving you a longer length of service. Once you have a termination date in place and been paid in lieu then all contractual rights to continuation of service past this date cease. As such, your nominal contractual notice period will not count forwards towards your overall length of service.

However, your statutory notice period will do, though this is often shorter than the contractual one (1 week notice per year of service up to a max of 12) so this may still help you.

Of course it is always worth asking - they may say yes anyway!

getmore4less

Thanks for the input

I thought you only had to be available to work(which would make many other jobs impractical) and could undertake other employment unless the contract(or garden leave term) specificly excludes this.

Is there any law that stop you working for 2 people.


The outstanding issue is does statutory notice apply to length of service for statutory notice.

Redundancy and holiday(statutory) is appears to.

Pete111

getmore4less wrote: »

Thanks for the input

I thought you only had to be available to work(which would make many other jobs impractical) and could undertake other employment unless the contract(or garden leave term) specificly excludes this.

Is there any law that stop you working for 2 people.


The outstanding issue is does statutory notice apply to length of service for statutory notice.

Redundancy and holiday(statutory) is appears to.

There is no statutory law but contractually with 'Garden leave' you would remain an employee. In 99% of cases starting another job during this time is breach of contract.

Most companies only place employees on garden leave to stop a quick move to a competitor. I personally tend to agree a leave date and then pay all or part of the notice in lieu so the employee can actively seek and start a new job asap - it's fairer that way.

Statutory notice (but not contractual notice if PILON is used) can be used to extend a length of service in terms of qualification for more redundancy pay as per my previous post. However nothing is stopping the OP from chancing their arm re asking if their contractual notice can be considered in this also - its' worth an ask