How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
73598664
Type Your Employment Law Question Here...
tdlawyer is online now

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!

tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience in employment related issues.
tdlawyer and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions