Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

    • hawkis
    • By hawkis 7th Sep 18, 12:27 PM
    • 78Posts
    • 10Thanks
    Gardening Leave? No, you finished a month ago! What can I do?
    • #1
    • 7th Sep 18, 12:27 PM
    Gardening Leave? No, you finished a month ago! What can I do? 7th Sep 18 at 12:27 PM
    The facts:
    Told I was being made redundant on 6th August.
    Told to go home as there would be no work for me but to be available in case they needed me.
    Letter received on 7th August stating that redundancy will be paid end of 31st August (it was) and that any other pay and accrued holiday will be paid on 28th September and I would also get my P45 at that point. My last day of work would be 24th September.
    On 31st August I received a letter saying so long and good luck and enclosed was also my P45 and a payslip. The payslip detailed my redundancy payment plus PILON. The finish date on my P45 says 7th August.
    I dropped into the office to see HR ON Wednesday to find out why I'd received my P45 early and my PILON and they told me that I wasn't in fact on gardening leave until 24th September and I was in fact free to find employment from 8th August. They also said that they were not told I was on gardening leave.
    Email clarification received yesterday:
    "I can confirm you are free to start new employment. Your leave date is the 7th of August in our system, which makes you a leaver from the 8th of August. As your leave date has changed after the letter was issued you will not receive any further payment from us."

    That states that my leave date changed. At no point was I advised of this.

    So, I've been applying for jobs since I heard I was being made redundant but was doing so assuming that I wouldn't be available to start until after 24th September.
    I believe that they have effectively prevented me from being able to work since 8th August.
    I did speak to ACAS this morning and they said I should write to the company with my grievance including asking for recompense for potential lost earnings. I was offered a part-time job but had to turn it down as I was told I was on gardening leave.

    Has anyone else been in this situation or have any advice about my next course of action? I'm very angry about this simply because I could have been earning money for the last month!

Page 2
    • Blue641Jenny
    • By Blue641Jenny 13th Sep 19, 8:12 AM
    • 3 Posts
    • 0 Thanks
    Thanks apparently agency work is permitted until redundancy covenant is completed for me that was 4 weeks
    • abz88
    • By abz88 9th Oct 19, 4:21 PM
    • 112 Posts
    • 66 Thanks
    Once you are redundant, the role is redundant and doesn't exist, they can't keep someone on gardening leave as that would prevent them from gaining employment. If work did pick up during that period, they would have to re-hire you, not simply call you back and pretend nothing happened.

    Did you have a one month notice period in your contract? If so they need to pay your notice period but should not require you to work it (this might be where gardening leave is coming from?).
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,537Posts Today

6,440Users online

Martin's Twitter