Garden Leave - Notice Periods

getmore4less

What notice does the contract have for them and how long have you been there?

LawAbiding

getmore4less wrote: »

What notice does the contract have for them and how long have you been there?

They notice to terminates is 4 weeks. I have been here for 2 years, so the 4 years + doesn't apply.

I've concluded that they have terminated my contract, which ACAS have stated could be construed as Unfair Dismissal.

sparkermarketing

LawAbiding wrote: »

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?

you cannot choose the notice period that they will pay you for - that is defined in the contract i.e. 4 weeks. Some companies appreciate a bit more 'unofficial' notice so they have longer to prepare for the replacement, it seems like your company does not. Are you moving to a competitor?

Your best bet seems to be approaching your new employer and asking if you can start 2 weeks earlier.

Exodi

LawAbiding wrote: »

I've concluded that they have terminated my contract, which ACAS have stated could be construed as Unfair Dismissal.

hahah.... waitWHAT?!

System

Sounds like they're sticking to the contract. They won't pay you anything more than what they need to, unless it's in their interests.



You live and learn mate...better planning next time.


*you do understand that you get paid for garden leave don't you....

Gavin83

LawAbiding wrote: »

I've concluded that they have terminated my contract, which ACAS have stated could be construed as Unfair Dismissal.

No, they haven't. They've simply stuck by the contacted notice period. If you go down this route you'll seriously burn bridges and end up with nothing to show for it.

Learn from this (don't give more notice that you need to) and move on.

I also agree with sparkermarketing, in your position I'd be asking your new employer if you can start 2 weeks earlier.

LawAbiding

sparkermarketing wrote: »

you cannot choose the notice period that they will pay you for - that is defined in the contract i.e. 4 weeks. Some companies appreciate a bit more 'unofficial' notice so they have longer to prepare for the replacement, it seems like your company does not. Are you moving to a competitor?

Your best bet seems to be approaching your new employer and asking if you can start 2 weeks earlier.

Yep a competitor, who I have approached again this morning and are unable to move it earlier due to holidays booked by the managers who will be inducting me.

If you could choose how long you got paid for, you would take 3 months notice! Lol

I never choose to be put on Garden Leave, and even offered upto the point of handing over my laptop to continue working. Now it seems I will be out of pocket by 2 weeks pay.

LawAbiding

Exodi wrote: »

hahah.... waitWHAT?!

Don't worry I have taken ACAS's advice with a pinch of salt

KatrinaWaves

You are going to a competitor. They want to protect themselves as is their right.

You have not been unfairly dismissed. What crackpot at ACAS did you speak to. Either theyve gone round the bend or you didn't give them accurate info. They have terminated your contract, but you terminated your contract first, they just gave you counter notice which was shorter.

FYI your gardening leave will also include your 4 days annual leave.

System

6 weeks off, 4 on full pay. You've struck the jackpot there!