Voluntary redundancy/Garden Leave

[Deleted User]

Work for a company that is currently offering an enhanced package for VR.


They had a policy which said that if you applied and were accepted
you'd go on garden leave for 3 months, then get your contract
terminated and get your PILON and ex-gratia payment. The policy stated you'd have a meeting and if agreed you'd leave site immediately but may have to come back for some time during garden leave for handover/ training.

Whats happened in practice is that people have applied, been accepted, but then been told they cant leave for x no of weeks. In fact, some have said they must work up until termination date.

I've been told I've got to stay for 4 weeks. I've been given a list of
stuff that needs to be done before I can leave which, in my opinion, does not constiture handover or training at all.

Is there anything I can about if this if I sign the agreement and go
for it? Can the company change their mind and expect me to come into work all the way up to the termination date?
I appreciate their still paying me etc but one of my reasons for
acceptance was that I'd have time off to sort myself out, do some
training, start my job hunt etc?

lucylucky

As far as I am aware and from experience if they want you back in, then as they are paying your salary they can do that. Right up until your end date.

(excluding any leave accrued that you wish to take)

getmore4less

I don't think there is anything you can do other than reject the terms on offer if you now don't like them.

They can give you any work they like that they would be covered by your existing contract.

[Deleted User]

Bummer. Seems unfair that they agree one thing and then dont tell me its changing until the last minute.

lucylucky

[quote=[Deleted User];40878350]Bummer. Seems unfair that they agree one thing and then dont tell me its changing until the last minute.[/QUOTE]

Could have been worse. You could have been on your gardening leave with plans in place and they could call you in.

patman99

As you are working redundancy notice, you are entitled to fully-paid 'reasonable' time-off to attend job interviews (and no, they cannot ask for proof). I therefore predict that you will have 'several interviews' to attend.

getmore4less

patman99 wrote: »

As you are working redundancy notice, you are entitled to fully-paid 'reasonable' time-off to attend job interviews (and no, they cannot ask for proof). I therefore predict that you will have 'several interviews' to attend.

2/5 of a normal week paid, rest can be unpaid.

[Deleted User]

patman99 wrote: »

As you are working redundancy notice, you are entitled to fully-paid 'reasonable' time-off to attend job interviews (and no, they cannot ask for proof). I therefore predict that you will have 'several interviews' to attend.

Can an employer ask for proof you've actually got an interview?

[Deleted User]

patman99 wrote: »

As you are working redundancy notice, you are entitled to fully-paid 'reasonable' time-off to attend job interviews (and no, they cannot ask for proof). I therefore predict that you will have 'several interviews' to attend.

Sorry just saw the bit about asking for proof. Do you have a link to the actual law bit for this?

getmore4less

Try here for any initial employment question,

There have been some amendments ut most applies.

http://www.legislation.gov.uk/ukpga/1996/18/contents

for you specific question on time of to seek work

time of
http://www.legislation.gov.uk/ukpga/1996/18/section/52
paid time off
http://www.legislation.gov.uk/ukpga/1996/18/section/53


Note that this include training which could be just about anything.

Also note you have to be under notice, not consultation, so if getting PILON there can be no legal entitilement unless you have extended notice.


IMO a company that is paying PILON or giving some garden leave before termination could justtify not giving time off during any worked notice a bit easier(if there is stuff to do) than one that is expecting an employee to work full notice.