Employment Lawyers Can Answer Your Employment Law Questions
Hi thanks for your question.
My name is***** can assist with this.
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.
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.
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.
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.
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