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

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    It clear enough

    You thought you were on garden leave.

    The correct process when you find work during the notice period is to give counter notice to leave earlier.

    Unless they suddenly found a reason they needed you they would have agree.

    As you did not bother you have now found out you can start work 2.5 weeks earlier than expected.
  • hawkis
    hawkis Posts: 78 Forumite
    getmore4less wrote: »
    It clear enough

    You thought you were on garden leave.

    The correct process when you find work during the notice period is to give counter notice to leave earlier.

    Unless they suddenly found a reason they needed you they would have agree.

    As you did not bother you have now found out you can start work 2.5 weeks earlier than expected.

    Had I found a job would I not have lost any pay due from that point until my last day?
    And I was told to be available if required as well.
  • Undervalued
    Undervalued Posts: 8,851 Forumite
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    hawkis wrote: »
    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.

    PILON and gardening leave are not the same thing as I am sure your appreciate.

    The difference from the employer's point of view is that gardening leave gives them the option of calling you back in should an unexpected need arise.

    You have no specific right to either, the employer could have simply insisted you came in to work and did some mundane task for your notice period.

    I can understand that you are annoyed to find out now that they are calling it PILON (where you could have lawfully started work elsewhere). However given that they could have exercised either of the other options, which would have prevented you from working elsewhere, I don't see that you have any valid claim.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    hawkis wrote: »
    Had I found a job would I not have lost any pay due from that point until my last day?
    And I was told to be available if required as well.

    Up to the employer the could still pay full notice plenty do, but you would have found out sooner they had decided to PILON you anyway.
  • hawkis
    hawkis Posts: 78 Forumite
    Well I'm going to see what they say anyway. ACAS were quite keen for me to pursue it.
    Went to the JC today and found out that I could have claimed JSA from 8th August as well and it can't be backdated.
    I'm not going to give up, I've been completely misled and missed out on at least a month's worth of JSA.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    I refer you back to post #9
  • Blue641Jenny
    Blue641Jenny Posts: 3 Newbie
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    I have similar situation I have left my job due to contract ending at a school. On the day I left I was told I was entitled to redundancy but I needed to take 4 weeks gardening leave. Contract finishes August 31st and I have recieved last wage and I have not been given anything in writing about how gardening leave works. Just two conversations . One said I cannot do paid work until 1st October and the other said I can as long as I work through an agency. As I dont wish to lose my redundancy payment not sure what to do.
    Jen
  • isplumm
    isplumm Posts: 2,204 Forumite
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    Blue641Jenny wrote: »
    I have similar situation I have left my job due to contract ending at a school. On the day I left I was told I was entitled to redundancy but I needed to take 4 weeks gardening leave. Contract finishes August 31st and I have recieved last wage and I have not been given anything in writing about how gardening leave works. Just two conversations . One said I cannot do paid work until 1st October and the other said I can as long as I work through an agency. As I dont wish to lose my redundancy payment not sure what to do.
    Jen
    you'd be better to start your own thread.

    But why not just go back into the school & ask - do you know what your redundancy figure is?

    Mark
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  • Energize
    Energize Posts: 509 Forumite
    This is why in situations where I'm on gardening leave I just disregard it and start work asap with a new employer, realistically they aren't going to call you in.
  • Blue641Jenny
    Blue641Jenny Posts: 3 Newbie
    First Anniversary
    Thanks apparently agency work is permitted until redundancy covenant is completed for me that was 4 weeks
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