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    • secretmachines
    • By secretmachines 5th Aug 18, 10:39 AM
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    secretmachines
    Effective date of termination?
    • #1
    • 5th Aug 18, 10:39 AM
    Effective date of termination? 5th Aug 18 at 10:39 AM
    Following redundancy, I'm trying to work out when my EDT is... is it:

    1) the day I was notified of termination at the end of the consultation period (from which point, 4 weeks of garden leave followed)

    2) the final day of garden leave (i.e. my last day of employment)

    I've read lots of websites, and they seem to say either of the above!
    Last edited by secretmachines; 05-08-2018 at 10:43 AM.
Page 1
    • sangie595
    • By sangie595 5th Aug 18, 11:12 AM
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    sangie595
    • #2
    • 5th Aug 18, 11:12 AM
    • #2
    • 5th Aug 18, 11:12 AM
    If you were on garden leave, the last day of that is the EDT. But if it was PILON, and people often seem to confuse the two, then it is the final day that you were expected to "attend work" whether in the workplace or not (which is actually the same thing, as garden leave is "work" time) - which might have been the date of your final consultation, but not necessarily.
    • secretmachines
    • By secretmachines 5th Aug 18, 11:17 AM
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    secretmachines
    • #3
    • 5th Aug 18, 11:17 AM
    • #3
    • 5th Aug 18, 11:17 AM
    If you were on garden leave, the last day of that is the EDT. But if it was PILON, and people often seem to confuse the two, then it is the final day that you were expected to "attend work" whether in the workplace or not (which is actually the same thing, as garden leave is "work" time) - which might have been the date of your final consultation, but not necessarily.
    Originally posted by sangie595
    thanks Sangie! so if I was informed of termination on, say, 1 May, and my 4 week garden leave ended on 29 May... then my EDT is 29 May

    ...meaning I would have until 28 August (3 months after 29 May) to submit an 'unfair dismissal' case to ACAS early conciliation.
    Last edited by secretmachines; 05-08-2018 at 11:22 AM.
    • sangie595
    • By sangie595 5th Aug 18, 11:53 AM
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    sangie595
    • #4
    • 5th Aug 18, 11:53 AM
    • #4
    • 5th Aug 18, 11:53 AM
    Notice starts the day after it is served. And the ET submission deadline is three months less a day. But I wouldn't advise leaving it that long. Why do you think it's unfair dismissal?
    • secretmachines
    • By secretmachines 5th Aug 18, 11:56 AM
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    secretmachines
    • #5
    • 5th Aug 18, 11:56 AM
    • #5
    • 5th Aug 18, 11:56 AM
    Notice starts the day after it is served. And the ET submission deadline is three months less a day. But I wouldn't advise leaving it that long. Why do you think it's unfair dismissal?
    Originally posted by sangie595
    Doesn't that contradict what you said previously? So if I was told on 1 May, EDT would be effective from 2 May... Not the end of garden leave, 4 weeks later?
    Last edited by secretmachines; 05-08-2018 at 12:31 PM.
    • sangie595
    • By sangie595 5th Aug 18, 5:05 PM
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    • #6
    • 5th Aug 18, 5:05 PM
    • #6
    • 5th Aug 18, 5:05 PM
    No it doesn't contradict what I said at all. I'm not writing hypothetical dates. I'm giving you facts. I have utterly no idea what your contract says, what garden leave you may or may not have had, or even if it was garden leave! If notice is served on 1st May, then the notice starts on the 2nd. It doesn't include the day of service. You didn't ask when notice starts. You asked when it finishes. And the answer to that is, the final day that you work or are contracted to work if it is garden leave. But PILON terminates employment without notice. You are confusing serving notice with the notice period, and they are two totally different things.
    • secretmachines
    • By secretmachines 5th Aug 18, 5:15 PM
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    secretmachines
    • #7
    • 5th Aug 18, 5:15 PM
    • #7
    • 5th Aug 18, 5:15 PM
    No it doesn't contradict what I said at all. I'm not writing hypothetical dates. I'm giving you facts. I have utterly no idea what your contract says, what garden leave you may or may not have had, or even if it was garden leave! If notice is served on 1st May, then the notice starts on the 2nd. It doesn't include the day of service. You didn't ask when notice starts. You asked when it finishes. And the answer to that is, the final day that you work or are contracted to work if it is garden leave. But PILON terminates employment without notice. You are confusing serving notice with the notice period, and they are two totally different things.
    Originally posted by sangie595
    Sorry, my question was, when is my EDT? (so I can work out when my 3 month window for unfair dismissal lodging, ends)

    So if I was given notice on 1 May, then immediately placed on 4 weeks garden leave (i.e. my last day was 29 May)... Then is my EDT 2 May, or 29 May?
    Last edited by secretmachines; 05-08-2018 at 5:19 PM.
    • getmore4less
    • By getmore4less 5th Aug 18, 6:27 PM
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    getmore4less
    • #8
    • 5th Aug 18, 6:27 PM
    • #8
    • 5th Aug 18, 6:27 PM
    what does it say on the P45.

    not unknown for a company to say garden leave but put an earlier date on the P45 and later claim it they PILON.(just forgot to update you).
    • sangie595
    • By sangie595 5th Aug 18, 7:39 PM
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    sangie595
    • #9
    • 5th Aug 18, 7:39 PM
    • #9
    • 5th Aug 18, 7:39 PM
    Sorry, my question was, when is my EDT? (so I can work out when my 3 month window for unfair dismissal lodging, ends)

    So if I was given notice on 1 May, then immediately placed on 4 weeks garden leave (i.e. my last day was 29 May)... Then is my EDT 2 May, or 29 May?
    Originally posted by secretmachines
    I'm sorry. I have given you every piece of information that you need to calculate this. It is four weeks from and including 2 May - if it is garden leave at all; and if those are the correct dates. If it's this hard to grasp after it has been explained clearly, then I'm afraid you will struggle with an Employment Tribunal, because those really are hard. I'm not going to tell you what your EDT is because I can't see any information upon which to to base a guess.

    As suggested, look at your P45. At this stage, it's irrelevant - that is the date. If it wasn't, you will struggle to prove otherwise now.
    • secretmachines
    • By secretmachines 5th Aug 18, 8:04 PM
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    secretmachines
    what does it say on the P45.

    not unknown for a company to say garden leave but put an earlier date on the P45 and later claim it they PILON.(just forgot to update you).
    Originally posted by getmore4less
    Hiya, it says 29 May as final day.

    I'm sorry. I have given you every piece of information that you need to calculate this. It is four weeks from and including 2 May - if it is garden leave at all; and if those are the correct dates. If it's this hard to grasp after it has been explained clearly, then I'm afraid you will struggle with an Employment Tribunal, because those really are hard. I'm not going to tell you what your EDT is because I can't see any information upon which to to base a guess.

    As suggested, look at your P45. At this stage, it's irrelevant - that is the date. If it wasn't, you will struggle to prove otherwise now.
    Originally posted by sangie595
    Blimey who rattled your cage. Thanks for nowt. Not sure you even understood the question ...
    • sangie595
    • By sangie595 5th Aug 18, 8:26 PM
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    sangie595
    I understood it perfectly. You didn't understand the answer. Good luck trying law of you can't figure out adding for weeks. Assuming, of course, it was garden leave... On the ignore(ant) list.
    • secretmachines
    • By secretmachines 5th Aug 18, 8:36 PM
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    secretmachines
    I understood it perfectly. You didn't understand the answer. Good luck trying law of you can't figure out adding for weeks. Assuming, of course, it was garden leave... On the ignore(ant) list.
    Originally posted by sangie595
    You still don't get it

    Anyway, the friendly thing to do would have been to be patient and support someone who's trying to understand the situation and has lost their job.

    Enjoy life on your selfish, high horse. I look forward to hearing from friendly members of the forum.
    Last edited by secretmachines; 05-08-2018 at 8:38 PM.
    • getmore4less
    • By getmore4less 6th Aug 18, 8:25 AM
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    getmore4less
    You still don't get it

    Anyway, the friendly thing to do would have been to be patient and support someone who's trying to understand the situation and has lost their job.

    Enjoy life on your selfish, high horse. I look forward to hearing from friendly members of the forum.
    Originally posted by secretmachines
    I can see why you may have been misled by what was said as it would be easy to think the two statements in the post were connected(notice and ET submission) if you were not sure(which is why you were here).

    Notice starts the day after it is served. And the ET submission deadline is three months less a day. But I wouldn't advise leaving it that long. Why do you think it's unfair dismissal?
    • getmore4less
    • By getmore4less 6th Aug 18, 8:27 AM
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    getmore4less
    Hiya, it says 29 May as final day
    Originally posted by secretmachines
    That confirms the termination date as 29th and would fit in with the notice of termination documentation you have.
    • secretmachines
    • By secretmachines 6th Aug 18, 1:31 PM
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    secretmachines
    That confirms the termination date as 29th and would fit in with the notice of termination documentation you have.
    Originally posted by getmore4less
    Thank you

    So we can conclude that my EDT is 29 May (as stated on my P45), irrespective of garden leave dates, when I received my termination letter, etc...?

    Therefore I would have until 28 August (3 months -1 day) to submit to ACAS for unfair dismissal?
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