Redundancy gardening leave

westrigg

I am based in a customer factory which my company provides a product and service to.
I have been told by the customer that they no longer want my companies product and that they want us out of the factory by the end of August.

The new company that now has the contract to supply this customer has asked me to join their company but my current employer has still not given me notice of redundancy.

When my current employer gives me 90 days notice of redundancy can I leave within that 90 days and still claim my redundancy, word has it that they will probably put me on gardening leave so I can't join this new company until my notice period is up.

SarEl

westrigg wrote: »

I am based in a customer factory which my company provides a product and service to.
I have been told by the customer that they no longer want my companies product and that they want us out of the factory by the end of August.

The new company that now has the contract to supply this customer has asked me to join their company but my current employer has still not given me notice of redundancy.

When my current employer gives me 90 days notice of redundancy can I leave within that 90 days and still claim my redundancy, word has it that they will probably put me on gardening leave so I can't join this new company until my notice period is up.

Hmm. Now this is actually a lot more difficult a question than it looks. Assuming your current employer is going to make you redundant, and assuming that there is no "anti-competation clause" in your contract, you can serve counter notice on your employer if you obtain new employment, which means that you would get the balance of your notice plus any redundancy money. So you wouldn't get your full 90 days notice pay - just the notice that you actually give.

If on gardening leave then you are correct - whilst that applies you cannot work anywhere else, as they can recall you to work.

But if you have a job offer before you are made redundant that complicates matters if they know or suspect it. Because they could simply sit on the possible redundancy, forcing you to jump ship. In which case there is no redundancy and no redundancy pay. Pesumably this offer has some expectation of your starting the job sometime soon - and if that didn't transpire then it might disappear. Leaving you high and dry if the employer then decides to make you redundant.

And a bigger but - If you are talking here about the 90 day consultation period (not notice at all) and you leave during that - then you haven't even been made redundant at all during that time. You are simply at risk. Which means if you leave during that time you do not "pass go" and collect nothing other than your normal contractual notice pay. If this is the case, then you would have to wait your three months consultation period and then, if the give you formal notice of redundancy, then serve counter notice.

In the case of the latter situations, attractive as picking up redundancy money may be, I'd suggest that you carefully consdier whether it is worth risking a guaranteed job. Redundancy money runs out, faster than you'd think. And few employers will wait 3+ months for a new employee - they might, but you had better be very sure they will before you bet on it.