A months notice

Matt_22

I have handed my notice in my contact says a months notice. If I offer to work this but they tell me to go after a week. Do they have to pay me for the months notice my contract states?

la531983

Yes. The above example is whats knows as "gardening leave". 

DullGreyGuy

la531983 said:

Yes. The above example is whats knows as "gardening leave". 

No, it would be cash in lieu of notice. Gardening leave you remain an employee until the end of your notice period and can be asked to return at any time during it. 

In many cases they have a similar effect if you've only got a months notice and are paid monthly but say you had a 3 months notice period with cash in lieu you get it all paid at the month you leave whereas with garden leave you continue to get your monthly salary. The former allows you to move on immediately (assuming no non-compete clauses etc) whereas garden leave its a risk to start your next job as your old one could call you in. 

Exodi

DullGreyGuy said:

la531983 said:

Yes. The above example is whats knows as "gardening leave". 

No, it would be cash in lieu of notice. Gardening leave you remain an employee until the end of your notice period and can be asked to return at any time during it. 

In many cases they have a similar effect if you've only got a months notice and are paid monthly but say you had a 3 months notice period with cash in lieu you get it all paid at the month you leave whereas with garden leave you continue to get your monthly salary. The former allows you to move on immediately (assuming no non-compete clauses etc) whereas garden leave its a risk to start your next job as your old one could call you in. 

It's usually called Pay/Payment In Lieu Of Notice (PILON - in case the OP wants to Google it) but everything as DullGreyGuy says.

Wonka_2

Matt_22 said:

I have handed my notice in my contact says a months notice. If I offer to work this but they tell me to go after a week. Do they have to pay me for the months notice my contract states?

Of course they 'should' but background of this is everything. Has there been an intimation that they might not pay you ? Or is there a breakdown in relationship that may give them a reason not to ? Or a short length of service ?

DullGreyGuy

Exodi said:

DullGreyGuy said:

la531983 said:

Yes. The above example is whats knows as "gardening leave". 

No, it would be cash in lieu of notice. Gardening leave you remain an employee until the end of your notice period and can be asked to return at any time during it. 

In many cases they have a similar effect if you've only got a months notice and are paid monthly but say you had a 3 months notice period with cash in lieu you get it all paid at the month you leave whereas with garden leave you continue to get your monthly salary. The former allows you to move on immediately (assuming no non-compete clauses etc) whereas garden leave its a risk to start your next job as your old one could call you in. 

It's usually called Pay/Payment In Lieu Of Notice (PILON - in case the OP wants to Google it) but everything as DullGreyGuy says.

In my defence it was nearly 11pm and for non-employment issues we call it Cash in Lieu (CiL)... knew it did read right but couldn't recall that it should be Payment instead of Cash.

Matt_22

Wonka_2 said:

Matt_22 said:

I have handed my notice in my contact says a months notice. If I offer to work this but they tell me to go after a week. Do they have to pay me for the months notice my contract states?

Of course they 'should' but background of this is everything. Has there been an intimation that they might not pay you ? Or is there a breakdown in relationship that may give them a reason not to ? Or a short length of service ?

No I'm on good terms but I know in the past when people have handed in there notice they have said you can leave now.

Matt_22

He said to me you can leave tomorrow. I said isn't it ment to be a months notice. He said leave tomorrow if you want. Then said I'll have a word with you tomorrow 

Matt_22

I have worked there 11 years

MeteredOut

Matt_22 said:

He said to me you can leave tomorrow. I said isn't it ment to be a months notice. He said leave tomorrow if you want. Then said I'll have a word with you tomorrow 

You need to be clear if he means "you can leave tomorrow and won't get paid" or "you can leave tomorrow and we'll pay you your notice period"

Dakta

You probably know this but if your contract states a month, then a month is what it is - they can't 'reduce' your notice as such (i.e bring your leave date forward), so you want to be paid whether you work it or not. (caveat you can cut short notice by mutual agreement)