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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47375
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently on garden leave and received a letter

Customer Question

Hello
I am currently on garden leave and received a letter from HR stating I would be on garden leave until 18th April 16.
9 days later I then received another letter stating they had made an error an in fact my final day would be 18th Feb.
Can you advise if the first letter is legally binding and enforceable over and above any signed contract?
If not, is there any other course of action I can take since on receipt of the first letter I did not actively seek new employment due to the timescales involved.
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is your contractual notice period?
Customer: replied 1 year ago.
1 month if termination before 6 months and 3 months after that. I am still within the 6 month period
Customer: replied 1 year ago.
My issue is that they have formally written with the first communication that stated 3 months to 18th AprilThanks BenKind regards Matt
Expert:  Ben Jones replied 1 year ago.
Hello Matt, if this was a genuine error and the contract clearly only entitles you to a month’s notice then the letter will unlikely hold any legal weight. Therefore, you are unlikely to be able to hold them to it. Errors do happen and as long as they did not unreasonably delay its correction then it can be amended. 9 days is not necessarily unreasonable, if they had left it until the last week or few days then that would be worse but assuming the letter was given to you a month before the month termination, after 9 days you still have two thirds of the month left. There is still time for you to try and seek alternative employment and at best you could expect the employer to consider extending the notice for 9 days to cover the error period so you would still get back the time you lost to seek work. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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Customer: replied 1 year ago.
Thanks Ben appreciate it.I have already asked that they at least d tend the period to cover the additional 9 days but I have not received any reply yet
Kind regards Matt
Expert:  Ben Jones replied 1 year ago.
Hopefully they will agree if they do not then your options become a bit limited. Realistically the only thing you can do is to go to court to seek some compensation for these days but whether a court would agree with you is another matter. Also you need to have suffered losses so you may still find a job in time and not suffer losses. They priority is to try and get that sorted.

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