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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47333
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have had my redundancy noticegiven on the 12/03/15 and i'm

Resolved Question:

I have had my redundancy noticegiven on the 12/03/15 and i'm on gardening leave from 31st march i'am now in my 12 day consultation period is this correct ? can i be employed by somone else whilst on gardening leave and will this effect any redundancy entilement? or my pay ? can i gask for a breakdown of how my redundancy entilement is broken down .
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. Does your contract prohibit you from working for another employer
Customer:

no ,nothing relating to that at all .

Ben Jones : Legally you can work for more than one employer at a time but this would be dependent on any contractual or other replace restrictions. You say you have nothing that says you cannot do that but you should bear in mind that a garden leave period means you should still be available for work as normal if you are needed by the employer. So you would not want to be in a position where you have started a new job but the old employer is requesting you to work for them instead as that can be a misconduct matter. In the worst case scenario it can result in a dismissal and it can mean you get no redundancy. You may indeed ask for a breakdown of your redundancy pay if you need it
Customer:

who gets to calculate the redundancy money Ben ? and is this 12 day consultation period part of my notice ?

Ben Jones : The redundancy calculation is set by law unless your contract provides for a better redundancy payment. If you want to see the legal calculation then just search online for 'redundancy calculator' and you can find one you can use.
Ben Jones : Have you been told when your employment is due to terminate and how long is your notice period?
Customer:

the letter was given on 12/03/15 it advises tat consultation will now commence allowing 12 working days for consultationunder the the redundancyprocess notice of dismissal will be given on 31st march abd i will be asked to leave on that day. my holiday entilementof 8 days will take us through till 10th april after which i will take gardening leave (with pay ) for the lenght of the notice period (2 months ) from 10th April until 10th June when employment is terminated and redundancy will be paid .As a matter of interest my contract states a minimum period of notice for two years service or more is 3months /my salary is paid on 15th of each month 2weeks arrears &2weeks advance

Ben Jones :

Hi, sorry I was offline by the time you had replied. The consultation period does not form part of your notice period. There is a period of consultation first and if that is unsuccessful and the redundancy must still go ahead then you will be issued with notice of redundancy on 31 March. It is from that date that the notice will apply. If your contract entitles you to 3 months’ notice for your length of service then that is what you can expect to be given from the date the notice is issued to you (31 March).

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

Customer:

.Hi Ben, Thank you you have been very helpful , i'm just rather confused that the letter states after i have taken my holidays which is up until the 10th of April ,i will then take gardening leave (with pay ) for the length of the notice period (2months) from the 10thApril until 10th june ,when employment is terminated and your redundancy will be paid .

Customer:

this

Customer:

Ben this is exactly how the letter is written

Ben Jones :

you are serving your notice from the end of March - the employer can require you to take any outstanding holidays as part of your notice period. This means that when your employment ends they do not have to pay you for these holidays as you would have already taken them. Had they not asked yo to take these holidays it would have meant they owed you for them and would have had to pay you their equivalent on top of the notice period but as you are taking them now before you leave you will not be owed anything extra for them

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