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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47903
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I received a redundancy notice on the 21st Jan, the letter

Resolved Question:

I received a redundancy notice on the 21st Jan, the letter stated my position was being made redundant, my contract would be terminated as of the 21st Jan , I would receive 1 months pay as way of notice, and that i would not be required to work in this period. However they contacted me to say they wanted me to return to the office for work for 2 days, and that i was obligated to as i was on gardening leave. Whilst my contract of employment states this, however as i understand it i have not been put on gardening leave and my contract has been terminated and my redundancy letter made no mention of gardening leave. Please can i have clarification on where i stand. Regards
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

From what you have said it does appear that your employment was terminated on 21 Jan and you were paid in lieu of notice. Therefore your employment obligations would have ended on that date too. Whilst the employer may have had the option of placing you on garden leave, they should have advised you of this and confirmed that your termination would have been at a later date. However, that was not the case and as you were formally informed your contract was terminated immediately on 21 Jan. Therefore, you would not be legally obliged to return and undertake any further work for them.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thankyou, i dont have the redundancy letter to hand but i fire over the exact wording to be 100% sure, they came back to me and stated "You were given garden leave and one months notice. Under the terms of your garden leave you are required to make yourself available for work should your employer require. Failure to comply with the terms of your garden leave entitles the employer to withold and/or make deductions from your final payment. In addition, if the employer has to recruit or use contractors to facilitate the work you have been requested to carry out, then those costs can also be deducted from your final payment. If the deductions/costs amount to more than your final payment, a separate bill could be prepared and issued to you. As a former employer I would have expected you to be aware of this. "

Ben Jones :

Well they must have told you that you were being placed on garden leave and that you should be available for work if needed. If there was no indication of that and your letter stated that your employment was being terminated on a specific date, that being 21 Jan, then you would not be obliged to work for them now. However, if they said that you were being given a month's notice, there was no formal termination date or they did not say that you were being paid in lieu of notice then it could be that they just gave you a month's notice and your employment would have continued during that period, even if you were not required to attend

Ben Jones :

So the wording of the letter would be key

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben, sorry for the delay getting back, to clarify the redundancy letter was written as below.

Customer:

"The company has taken the decision to terminate your contract of employment by reason of redundancy. You are entitled to receive 1 months notice of termination of your employment. You are not required to work out your notice period and so the date of termination of your employment will be 23.01.2015.

Customer:

Your P45 will be sent to you shortly and you will be paid a) All pay up to and including the date of termination, B)Notice Pay, c)Accrued holiday pay

Customer:

i can send you the clause on gardening leave or termination of your employment from contract if needed. However based on the obove please can you confirm my position. Kind Regards Phil

Ben Jones :

Thanks, ***** ***** the termination letter it is clear that your employment was terminated on 23 Jan and you would have been paid in lieu of notice. Therefore, once that date had passed you would no longer have been employed by the company and your obligations would have ceased (except any reasonable post-termination restrictive covenants). So the garden leave clause would also cease to apply because that only applies whilst you are still employed by them

Customer:

Many thanks, ***** ***** should they pay my final salary, end of Feb or should of it had been done at end of Jan? regards

Ben Jones :

it should have been on the next pay date after your employment terminated

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