Effective date of termination? 5 August 2018 at 10:39AM edited 5 August 2018 at 10:43AM in Redundancy & redundancy planning 14 replies 2.3K views

secretmachines

Following redundancy, I'm trying to work out when my EDT is... is it:

1) the day I was notified of termination at the end of the consultation period (from which point, 4 weeks of garden leave followed)

2) the final day of garden leave (i.e. my last day of employment)

I've read lots of websites, and they seem to say either of the above!

sangie595

If you were on garden leave, the last day of that is the EDT. But if it was PILON, and people often seem to confuse the two, then it is the final day that you were expected to "attend work" whether in the workplace or not (which is actually the same thing, as garden leave is "work" time) - which might have been the date of your final consultation, but not necessarily.

secretmachines

sangie595 wrote: »

If you were on garden leave, the last day of that is the EDT. But if it was PILON, and people often seem to confuse the two, then it is the final day that you were expected to "attend work" whether in the workplace or not (which is actually the same thing, as garden leave is "work" time) - which might have been the date of your final consultation, but not necessarily.

thanks Sangie! so if I was informed of termination on, say, 1 May, and my 4 week garden leave ended on 29 May... then my EDT is 29 May

...meaning I would have until 28 August (3 months after 29 May) to submit an 'unfair dismissal' case to ACAS early conciliation.

sangie595

Notice starts the day after it is served. And the ET submission deadline is three months less a day. But I wouldn't advise leaving it that long. Why do you think it's unfair dismissal?

secretmachines

sangie595 wrote: »

Notice starts the day after it is served. And the ET submission deadline is three months less a day. But I wouldn't advise leaving it that long. Why do you think it's unfair dismissal?

Doesn't that contradict what you said previously? So if I was told on 1 May, EDT would be effective from 2 May... Not the end of garden leave, 4 weeks later?

sangie595

No it doesn't contradict what I said at all. I'm not writing hypothetical dates. I'm giving you facts. I have utterly no idea what your contract says, what garden leave you may or may not have had, or even if it was garden leave! If notice is served on 1st May, then the notice starts on the 2nd. It doesn't include the day of service. You didn't ask when notice starts. You asked when it finishes. And the answer to that is, the final day that you work or are contracted to work if it is garden leave. But PILON terminates employment without notice. You are confusing serving notice with the notice period, and they are two totally different things.

secretmachines

sangie595 wrote: »

No it doesn't contradict what I said at all. I'm not writing hypothetical dates. I'm giving you facts. I have utterly no idea what your contract says, what garden leave you may or may not have had, or even if it was garden leave! If notice is served on 1st May, then the notice starts on the 2nd. It doesn't include the day of service. You didn't ask when notice starts. You asked when it finishes. And the answer to that is, the final day that you work or are contracted to work if it is garden leave. But PILON terminates employment without notice. You are confusing serving notice with the notice period, and they are two totally different things.

Sorry, my question was, when is my EDT? (so I can work out when my 3 month window for unfair dismissal lodging, ends)

So if I was given notice on 1 May, then immediately placed on 4 weeks garden leave (i.e. my last day was 29 May)... Then is my EDT 2 May, or 29 May?

getmore4less

what does it say on the P45.

not unknown for a company to say garden leave but put an earlier date on the P45 and later claim it they PILON.(just forgot to update you).

sangie595

secretmachines wrote: »

Sorry, my question was, when is my EDT? (so I can work out when my 3 month window for unfair dismissal lodging, ends)

So if I was given notice on 1 May, then immediately placed on 4 weeks garden leave (i.e. my last day was 29 May)... Then is my EDT 2 May, or 29 May?

I'm sorry. I have given you every piece of information that you need to calculate this. It is four weeks from and including 2 May - if it is garden leave at all; and if those are the correct dates. If it's this hard to grasp after it has been explained clearly, then I'm afraid you will struggle with an Employment Tribunal, because those really are hard. I'm not going to tell you what your EDT is because I can't see any information upon which to to base a guess.

As suggested, look at your P45. At this stage, it's irrelevant - that is the date. If it wasn't, you will struggle to prove otherwise now.

secretmachines

getmore4less wrote: »

what does it say on the P45.

not unknown for a company to say garden leave but put an earlier date on the P45 and later claim it they PILON.(just forgot to update you).

Hiya, it says 29 May as final day.

sangie595 wrote: »

I'm sorry. I have given you every piece of information that you need to calculate this. It is four weeks from and including 2 May - if it is garden leave at all; and if those are the correct dates. If it's this hard to grasp after it has been explained clearly, then I'm afraid you will struggle with an Employment Tribunal, because those really are hard. I'm not going to tell you what your EDT is because I can't see any information upon which to to base a guess.

As suggested, look at your P45. At this stage, it's irrelevant - that is the date. If it wasn't, you will struggle to prove otherwise now.

Blimey who rattled your cage. Thanks for nowt. Not sure you even understood the question ...

sangie595

I understood it perfectly. You didn't understand the answer. Good luck trying law of you can't figure out adding for weeks. Assuming, of course, it was garden leave... On the ignore(ant) list.