notice period within garden leave?

charn

I am being made redundant, I have the following query regarding taking garden leave option.

My redundancy terms of agreement states that I am being given 2 months notice period from the 31st January, this being my exit date. Notice period is worked on the basis of years of complete service.

My employment start date was 1st April 2005.

On taking garden leave the 2 months’ notice brings the termination date to 31 March 2014. This now gives me 9 complete yrs. of service.

Garden leave stipulates I am still an employee with no break in service and all T + C's remain the same.

The employer’s policy states that for 9 years and over of completed service my notice period goes up from 2 months to 3 months.

Am I correct in assuming this will therefore increase the termination date by an extra month to the 30th April 2014 and in turn increasing my redundancy payout?

Thank you.

hcb42

I wouldnt think so - as you have had notice already, and not quite at 9 years service - that said everything is negotiable

getmore4less

Service for statutory notice is the date of notice.

Unless something in the contract says otherwise I think this would be the default interpretation.

Service for statutory redundancy is the date of termination OR the date of notice + statutory notice whichever is later.

You will have to look at your contract in detail to see if it offers better terms.

From what you have said I think you can claim service for redundancy to be based on 9 years not 8.

1 April 2005 was a Friday was that your real start date?

If you are looking/intending to return to work look up counternotice if you might need to start before the 1April.

charn

Just to add the exit date they gave me was based on PILON notice. But I am going through garden leave wich they have not yet provided me with figures and terms. So how can they say I have done less than 9 years of service when my T&C's state that employment service is not interrupted by taking garden leave.

In other words my exit date becomes 9 complete yrs of service as of end of 31st March 2014 which is my separation date. And policy states I will receive 3 months notice on 9 years of service.

Am I correct in this assumption?

Thank you

InsideInsurance

As others have already said, your notice is from the date of service and at the point of service you'd not completed 9 years service to get the 3 months notice.

The garden leave is irrelevant other than if you are on it then you've evidently been served notice

anamenottaken

charn wrote: »

Just to add the exit date they gave me was based on PILON notice. But I am going through garden leave wich they have not yet provided me with figures and terms. So how can they say I have done less than 9 years of service when my T&C's state that employment service is not interrupted by taking garden leave.

In other words my exit date becomes 9 complete yrs of service as of end of 31st March 2014 which is my separation date. And policy states I will receive 3 months notice on 9 years of service.

Am I correct in this assumption?

Thank you

PILON is abbreviation for Pay In Lieu Of Notice. In lieu of means in place of and thus means a payment up to the date of your contractual notice period.

Your contractual notice was two months, which is longer than the legal minimum of 8 weeks. The amount of notice to which you are entitled is the amount applicable at the time the notice is given, in your case 31 January 2013.

The amount of redundancy pay would, however, be related to 9 years' service if the final day of your employment is 31 March 2013 and you began work for the organisation on but not a day later than 1 April 2005.

Jaybee_16

Although the link is to a page which is out of date, the principle remains the same.


In many cases, the EDT will be fairly obvious and will simply be the employee's last working day, but this is not always the case. The most common termination scenarios are:

• The employee works during a period of notice - the EDT will be the date upon which the notice expires
• The employee is placed on garden leave during a period of notice - again, the EDT is the date upon which the notice period expires
• The employee receives a payment in lieu of notice - here the employment is brought to an end immediately and so the EDT is the last day of work
• The employee is dismissed or resigns without notice - the EDT is the last day of work

http://www.michelmores.com/establishing-the-effective-date-of-termination-and-the-cost-of-getting-it-wrong--publication.htm


Hope this helps to clarify.