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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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I have just resigned and given my employer 1 months notice

Resolved Question:

I have just resigned and given my employer 1 months notice as per the terms and conditions of my employment. However, the directors have requested I finish this Friday and they have agreed to pay my notice period up to 5th September. They haven't said this is gardening leave, but say the following
'We acknowledge receipt of your letter dated 4th August 2014 resigning your position as Customer Support Engineer with the Company with effect from 5th September 2014.
The Company accepts your resignation and in accordance with your contract of employment you are required to work your notice period. As a goodwill gesture we are willing to pay your salary until 5th September 2014 but would allow you to finish here at Foster & Freeman Ltd on Friday 15th August 2014'
I also have a company car which is stated within the terms and conditions of my employment, therefore do I need to had the car back on the 15th August, if so what rights do I have? Technically are they breaking my terms and conditions?
Submitted: 2 years ago.
Category: Employment Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question.

tdlawyer :

My name is***** can assist with this.

tdlawyer :

Technically, if the car is a benefit under your contract, and they require the contract to continue for you to work out your notice period, you're entitled to the benefit of it during your contract term which expires at the end of the notice period.

tdlawyer :

So if they ask for it back before then, unless the contract allows them to request it back early, then yes, they could be in breach of contract. Of course, you might take the view that you don't care what they ask for, you just wont hand it back, until your notice period is over. You must check your contract thought to see whether they are able to demand it back from you at any time.

tdlawyer :

Hello.

Customer:

As I said the company have said 'as a goodwill gesture they are willing to pay my salary until 5th September 2014 but would allow me to finish on the 15th August' This would suggest they are paying me off and its not gardening leave. Can they do this? as I am fully prepared to honour my contract and need a car until the notice period has finished.

tdlawyer :

They are either allowing you to work out your notice of they're not. They cannot halve it "as a gesture of goodwill" etc. The bot***** *****ne is that you have notice and are entitled to work it. An employer can say "work two weeks and then we will pay you for the balance" if, and only if, the contract allows them to do this, by giving pay in lieu of notice.

Customer:

Sorry pressed the wrong button - Service is OK

tdlawyer :

Okay - please do press the button on OK service and it should register.

tdlawyer :

Thank you!

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