Gardening leave 17 October 2020 at 3:03PM in Redundancy & redundancy planning 9 replies 344 views

jayngee

I've just been made redundant after going through the company selection process (ha... It was a mockery).
Anyway, I've been informed of my redundancy package and as I've worked there 10 years, have been told I'm on ten weeks notice then will receive my redundancy payment.
I spoke to the director who confirmed it was 'gardening leave' and not pay in lieu of notice.
My notice period ends late December, but when I asked him if I would receive my redundancy if offered a new job elsewhere, he told me that if offered a position elsewhere before the end of December, I would have to resign and forfeit my redundancy settlement.(which after 10 years is about 4k)
My question is, is he correct? And if so, how can he get away with it?

Masomnia

Not as such: https://www.xperthr.co.uk/faq/where-an-employee-has-been-given-notice-of-redundancy-if-they-seek-to-leave-before-the-end-of-the-notice-period-to-take-up-a-new-job-will-this-affect-their-statutory-redundancy-payment/62117/

It's complicated, but if you want to leave sooner you should seek their agreement in the first instance.

Thrugelmir

jayngee said:

My question is, is he correct? And if so, how can he get away with it?

All above board and in accordance with employment law. 

getmore4less

What they forgot to tell you there is a process called counter notice which can secure the redundancy but can lose some of the notice pay.
The link outlines the basics further research can help clarify how to achieve that option. 

All set out in the employment act, they have been sneaky although they don't have to tell you the law that's for you to sort out. 

jayngee

Thanks for this information. Much appreciated

Thrugelmir

getmore4less said:

What they forgot to tell you there is a process called counter notice which can secure the redundancy but can lose some of the notice pay.
The link outlines the basics further research can help clarify how to achieve that option. 

All set out in the employment act, they have been sneaky although they don't have to tell you the law that's for you to sort out. 

Doesn't that only apply only where the notice given exceeds the statutory requirement. With 10 years service. The notice period is 10 weeks on both sides. Nothing sneaky. As the situation rarely applies. 

thebrexitunicorn

Thrugelmir said:

getmore4less said:

What they forgot to tell you there is a process called counter notice which can secure the redundancy but can lose some of the notice pay.
The link outlines the basics further research can help clarify how to achieve that option. 

All set out in the employment act, they have been sneaky although they don't have to tell you the law that's for you to sort out. 

Doesn't that only apply only where the notice given exceeds the statutory requirement. With 10 years service. The notice period is 10 weeks on both sides. Nothing sneaky. As the situation rarely applies. 

Statutory notice from employee to employer is one week, regardless of length of service. Of course, the contractual notice that OP has to give may be longer. 

getmore4less

Thrugelmir said:

getmore4less said:

What they forgot to tell you there is a process called counter notice which can secure the redundancy but can lose some of the notice pay.
The link outlines the basics further research can help clarify how to achieve that option. 

All set out in the employment act, they have been sneaky although they don't have to tell you the law that's for you to sort out. 

Doesn't that only apply only where the notice given exceeds the statutory requirement. With 10 years service. The notice period is 10 weeks on both sides. Nothing sneaky. As the situation rarely applies. 

 it applies during the statutory notice period so you have to be careful if you get longer notice and wait till in statutory period.

jayngee

So they way I'm understanding this is that the employer has given the statutory notice (10 weeks = 10 years service) but if I'm offered another job elsewhere within that notice period, I  give the employer written notice of a week stating that it is counter notice under the employment act understanding that I will lose the remainder of the notice pay but NOT the redundancy payment?

getmore4less

Pretty much that, there are some rules so research carefully 
136(3) is the relevant bit of the act
https://www.legislation.gov.uk/ukpga/1996/18/section/136


The employer can respond  and say no but  as you are on garden leave they would need very good reasons to suddenly need you again this is covered here
https://www.legislation.gov.uk/ukpga/1996/18/section/142