Help, does notice period count as I am still in employment?

flyingcat_2

I am in danger of redundancy. My question is that whether notice period counts as employment. It is very important for the following reasons:

1. by end of notice period I will add one more completed year of service, hence, should get more redundancy pay.
2. by end of notice period it brings me over the date I am qualified to exercise my share option which was rewarded to me three years ago as part of bonus but only will be released to me if I am still employed three years later.

Besides the title questions, the following associated questions:

1. Can I insist work through my notice period so I can reach that important date?
2. if company offer me PILON to bring the date forward, can I refuse it and potentially sue them for delibarately reduce my redundancy pay?
3. due to nature of my job if company offer me 'garden leave' (which is not in my contract), would that effect my end of employment date?
4. How long the consultation period will be before company can serve the notice to me?

Sorry, that is a lot of questions. Appreciated if anyone can help.

Liquorice_Twirls

Great questions, I hope someone has the answer as something similar may affect my other half in that way too.

PS Does anyone know if redundancy is only calculated on whole full years completed or is it pro rata? If you have say 3 years and 9 months in, does that only count as 3 years when calculating redundancy?

Thanks

flyingcat_2

In my company it is calculated as a full completed year. No round up. No one day short.

LittleVoice

Notice period is part of your employment. However, if pay in lieu of notice (PILON) is paid then the employment contract terminates and the notice period does not run.

Garden leave means you are still employed, just not required to attend. In fact you are required definitely not to attend. You cannot insist on working your notice period - they can insist on garden leave if they want.

Only full, completed, years of employment are counted for the statutory redundancy pay. All the company schemes I have known have also worked on completed years, not part years.