Gardening Leave for Redundancy

p85ki

Hi,

My father has been working for a company for 23 years and has received a letter that he has been selected via a matrix system for redundancy.

I know recently where I worked, people have had the same letter of risk for redundancy and was given gardening leave whilst they assessed the situation.

My father is currently at work even though he has been put at risk. Is this possible, does he have to go to work or not?

I wasnt sure what the law was regarding this and didnt want him to be working if he didnt need to in regards to receiving this risk assessment.

Any help or advise will be much appreciated.


Thanks

getmore4less

There is no right to garden leave during consultation or when on notice.

You are till on your normal contract upto the day you are terminated.

Wyndham

He is entitled to time off for job hunting - this may be of use:

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Redundancy/DG_10029844


However, he does not have an automatic right to garden leave, though his employer may grant it.

BTW, I talk about garden leave which in my view involves sitting in a deckchair with a glass of wine close to hand, and you talk about gardening leave which in my view involves hard work with a shovel. I know which I'd personally prefer

Good luck though, it's awful working your notice out.

Frozenace

my consultation was exactly half a day long, after which I got told to leave my company. However, I only worked there for 10 months, and got 2 months paid holiday + 2k.

Redundancy payment is tax free up to a certain amount as well, so maybe your dad could look for a new job soon (and have the option of a holiday in between).

LittleVoice

PasquiC wrote: »

Hi,

My father has been working for a company for 23 years and has received a letter that he has been selected via a matrix system for redundancy.

I know recently where I worked, people have had the same letter of risk for redundancy and was given gardening leave whilst they assessed the situation.

My father is currently at work even though he has been put at risk. Is this possible, does he have to go to work or not?

With 23 years service he will be due at least 12 weeks' notice and can be required to work normally during that time.

I wasnt sure what the law was regarding this and didnt want him to be working if he didnt need to in regards to receiving this risk assessment.

Any help or advise will be much appreciated.


Thanks

Has he received a letter saying "at risk" or one to the effect that this is indeed redundancy?

I have been in redundancy situations three times and each time I worked right up to the end of my notice period.

With 23 years' service he will be due at least 12 weeks' notice (the statutory minimum for someone with that length of service) and can be required to work normally during that time.

caeler

As others have confirmed, your father is required to work during consultation and unless informed otherwise will be required to work his notice. If he is successful in finding alternative employment, then he may be able to negotiate a mutual reduction in notice. Or the employer may decide they prefer to pay in lieu of notice but this isn't a given. Reasonable time off is only legally required at the point notice is served.

In terms of the process it sounds like he's been placed at risk, selection has taken place and he has been selected using a criteria (used on others in the same selection pool as him) and now he has been advised he's been selected. Consultation will continue (your father will know until when) and at the end of the consultation he will be served notice (unless something during consultation affects the outcome) and he will then start working his notice.