Garden Leave - Notice Periods

LawAbiding

Hi,

Hope someone can help me in my, whats becoming a sticky situation.

I handed my notice of resignation into my employer providing 6 weeks notice. My contract states:

"You are required to give at least 4 weeks notice in writing to terminate your employment with the Company."

The 6 weeks has been dictated as my new employer would like me to start in 6 weeks time. I provided 6 weeks notice as I cannot afford to be without 2 weeks pay.

My employer, has decided to put me on Garden Leave with immediate effect and I have handed over my critical equipment (Laptop etc).

The company has now written to me confirming my garden leave and stating I am on Garden Leave for 4 weeks and last day of employment being 2 weeks earlier then what I stated in my notice period.

Where do I stand?

I have fully cooperated and offered to work during the notice period, but they have insisted on Garden leave.

KatrinaWaves

You can't force them to accept a longer notice period than they require. They appear to have given you 4 weeks counter notice.

TELLIT01

Giving more notice than a contract requires is always risky. The company can, as it seems to have done here, simply stick to the contractual requirement. Viewed from their side, if the employee is put on garden leave, why would they pay the person for a longer period than strictly necessary.

Comms69

I don't understand the logic at all.


New employer want you to start in 6 weeks
You have to give 4 weeks notice
Give notice in 2 weeks time surely?

LawAbiding

Comms69 wrote: »

I don't understand the logic at all.


New employer want you to start in 6 weeks
You have to give 4 weeks notice
Give notice in 2 weeks time surely?

Yep agreed, I informed my manager out of respect last week of the offer and impending resignation and they didn't take it well at all and stated they would put me on Garden Leave for what ever notice period I period, and now they have back tracked.

And I shouldn't be surprised....

LawAbiding

KatrinaWaves wrote: »

You can't force them to accept a longer notice period than they require. They appear to have given you 4 weeks counter notice.

Thanks KatrinaWaves, could this been seen as a notice of termination by the Employer?

nicechap

How much leave outstanding do you have?

What are the terms of your gardening leave? Can you do unrelated work over the next 4 weeks?

LawAbiding

nicechap wrote: »

How much leave outstanding do you have?

What are the terms of your gardening leave? Can you do unrelated work over the next 4 weeks?

So in accordance to the Leavers Policy, my Leaver letter should state the outstanding leave I have remaining, but it doesn't. I know for a fact this will be approx 3-4 working days. As I carried over days from last year and the new entitlement starts from 1st jan.

Terms of Garden leave states no other work to be done during the garden leave.

It also states, you may be placed on Garden leave based on "your notice period". Is this my actual notice period, i.e. my letter with 6 weeks, or does it mean, my notice period as per the contract?

Exodi

LawAbiding wrote: »

they would put me on Garden Leave for what ever notice period I period

You should have submitted notice for 1st Jan 3019 then!

I guess you've learned your lesson, there's no loyalty in business.

LawAbiding

Exodi wrote: »

You should have submitted notice for 1st Jan 3019 then!

I guess you've learned your lesson, there's no loyalty in business.

Agreed, I stated that I may have to provide 6 weeks notice in that discussion and the response was, we will have to put you on garden leave for 6 weeks.

KatrinaWaves

LawAbiding wrote: »

Agreed, I stated that I may have to provide 6 weeks notice in that discussion and the response was, we will have to put you on garden leave for 6 weeks.

And then they realised that they only had to give your 4 weeks notice, and didn't want to pay you an extra 2 weeks for, essentially, doing nothing.