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Gardening Leave? No, you finished a month ago! What can I do?

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Gardening Leave? No, you finished a month ago! What can I do?

21 replies 7.5K views
hawkishawkis Forumite
78 posts
The facts:
Told I was being made redundant on 6th August.
Told to go home as there would be no work for me but to be available in case they needed me.
Letter received on 7th August stating that redundancy will be paid end of 31st August (it was) and that any other pay and accrued holiday will be paid on 28th September and I would also get my P45 at that point. My last day of work would be 24th September.
On 31st August I received a letter saying so long and good luck and enclosed was also my P45 and a payslip. The payslip detailed my redundancy payment plus PILON. The finish date on my P45 says 7th August.
I dropped into the office to see HR ON Wednesday to find out why I'd received my P45 early and my PILON and they told me that I wasn't in fact on gardening leave until 24th September and I was in fact free to find employment from 8th August. They also said that they were not told I was on gardening leave.
Email clarification received yesterday:
"I can confirm you are free to start new employment. Your leave date is the 7th of August in our system, which makes you a leaver from the 8th of August. As your leave date has changed after the letter was issued you will not receive any further payment from us."

That states that my leave date changed. At no point was I advised of this.

So, I've been applying for jobs since I heard I was being made redundant but was doing so assuming that I wouldn't be available to start until after 24th September.
I believe that they have effectively prevented me from being able to work since 8th August.
I did speak to ACAS this morning and they said I should write to the company with my grievance including asking for recompense for potential lost earnings. I was offered a part-time job but had to turn it down as I was told I was on gardening leave.

Has anyone else been in this situation or have any advice about my next course of action? I'm very angry about this simply because I could have been earning money for the last month!

TIA
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Replies

  • Comms69Comms69 Forumite
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    hawkis wrote: »
    The facts:
    Told I was being made redundant on 6th August.
    Told to go home as there would be no work for me but to be available in case they needed me.
    Letter received on 7th August stating that redundancy will be paid end of 31st August (it was) and that any other pay and accrued holiday will be paid on 28th September and I would also get my P45 at that point. My last day of work would be 24th September.
    On 31st August I received a letter saying so long and good luck and enclosed was also my P45 and a payslip. The payslip detailed my redundancy payment plus PILON. The finish date on my P45 says 7th August.
    I dropped into the office to see HR ON Wednesday to find out why I'd received my P45 early and my PILON and they told me that I wasn't in fact on gardening leave until 24th September and I was in fact free to find employment from 8th August. They also said that they were not told I was on gardening leave.
    Email clarification received yesterday:
    "I can confirm you are free to start new employment. Your leave date is the 7th of August in our system, which makes you a leaver from the 8th of August. As your leave date has changed after the letter was issued you will not receive any further payment from us."

    That states that my leave date changed. At no point was I advised of this.

    So, I've been applying for jobs since I heard I was being made redundant but was doing so assuming that I wouldn't be available to start until after 24th September.
    I believe that they have effectively prevented me from being able to work since 8th August.
    I did speak to ACAS this morning and they said I should write to the company with my grievance including asking for recompense for potential lost earnings. I was offered a part-time job but had to turn it down as I was told I was on gardening leave.

    Has anyone else been in this situation or have any advice about my next course of action? I'm very angry about this simply because I could have been earning money for the last month!

    TIA



    I think you're not going to get anywhere; even though I agree with you in principle. You have nothing in writing to say it's gardening leave; it's just verbal.
  • UndervaluedUndervalued Forumite
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    hawkis wrote: »
    I did speak to ACAS this morning and they said I should write to the company with my grievance including asking for recompense for potential lost earnings. I was offered a part-time job but had to turn it down as I was told I was on gardening leave.

    Has anyone else been in this situation or have any advice about my next course of action? I'm very angry about this simply because I could have been earning money for the last month!

    TIA

    Well I think on this occasion ACAS are right but it would be much easier if you had some proof that you had been placed on "gardening leave".

    Ultimately if it comes to court it is down to who the judge believes "on the balance of probability" (i.e. 51%).
  • Thanks for the replies. Does the fact that they say my leaving date changed not suggest that I was in fact on gardening leave?
    And also that I have another letter telling me I will receive any payments and holiday accrued along with my P45 at the end of September when I did in fact receive all of that last Friday?
  • RADDERSRADDERS Forumite
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    Letter received on 7th August stating that redundancy will be paid end of 31st August (it was) and that any other pay and accrued holiday will be paid on 28th September and I would also get my P45 at that point. My last day of work would be 24th September.

    The OP says that a letter was received detailing that the last working day was the 24th September, does that not put a different slant on this?
  • scaredofdebtscaredofdebt Forumite
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    Yes, looks pretty clear that you are employed up until 24th Sept.

    Is that in writing?
    Make £2018 in 2018 Challenge - Total to date £2,108
  • getmore4lessgetmore4less Forumite
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    What date did they use for accrued holiday

    Your letter says that should be 24 Sept if they used 7aug they owe you holiday.

    Reality is that would be your only loss,

    Your new leaving date is still more vavourable, you can start any new job sooner.
  • What date did they use for accrued holiday

    Your letter says that should be 24 Sept if they used 7aug they owe you holiday.

    Reality is that would be your only loss,

    Your new leaving date is still more vavourable, you can start any new job sooner.

    Everything is paid up until 24th September.
    However, my original letter dated 6th August advised that anything else I was owed would be paid at the end of September (accrued holiday, September wages) and that I would also get my P45 then.
    I got my P45 on Friday along with my final payslip which includes PILON.
    Whilst my 'new'' leave date does give me the opportunity to start work immediately, I have spent the last month applying for jobs that I believed I would not be able to start until after 24th September.
    And HR have admitted that the date changed although I have had no notification of that.
    Basically, had I not been told I was on gardening leave, I could have been working since 8th August and be doing the job I was offered the weekend after that!
  • getmore4lessgetmore4less Forumite
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    When they tell you it was a mistake and reinstate employment with garden leave you have no claim for anything as they have put you back in the position you expected.
  • edited 8 September 2018 at 5:04AM
    SystemSystem
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    edited 8 September 2018 at 5:04AM
    You haven't actually lost anything as it doesn't sound like it they stopped you from actually taking the other job.

    I would have accepted it and asked them to waive the remainder of the gardening leave. You didn't even ask - to your own detriment it seems.
  • Heng_Leng wrote: »
    You haven't actually lost anything as it doesn't sound like it they stopped you from actually taking the other job.

    I would have accepted it and asked them to waive the remainder of the gardening leave. You didn't even ask - to your own detriment it seems.

    I didn't need to ask as apparently I was never on gardening leave in the first place!
    I'm not sure I'm making this very clear.
    I was made redundant and told I was on gardening leave and to be available to work if necessary.
    I then got my PILON and P45 last week despite being told by letter I would not get it until end of September.
    I've since been told my leaving date changed (I wasn't informed) and I was free to find other employment from 8th August. This I found out last Wednesday.
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