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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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After working company 35 years, i handed in my notice last

Resolved Question:

After working for a company for over 35 years , i handed in my notice last Friday 17th June
That day they put me on gardening leave till July 15th . On the written letter received today 22nd they are only going to pay me 9 days in lieu of gardening leave & the other 11 days as holiday pay. Is this right ?
PS i have never had a contract of employment.
Regards,
Steve Hepworth.
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.

Expert:  Ben Jones replied 1 year ago.

Did you have any verbal agreement with regards ***** ***** period?

Customer: replied 1 year ago.
i think so, as other staff who have left after long service all give 4 weeks notice,
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. If you had no written contract of employment then by law you would be expected to give at least a week’s notice. You could give more than that if you wanted to and the employer could either accept it or reject it and just ask you to work the week’s notice. If they accept the longer notice period then it would be binding on both of you. So if you gave them 4 weeks’ notice and they accepted that, you will be entitled to that notice period and should either be allowed to work it, or if placed on garden leave – be paid for it.

So as a starting point you would be entitled to receive pay for the period 17 June to 15 July. If you had outstanding holidays, it is impossible for the employer to ask you to take these as part of the notice period, so in effect you get paid for the holidays rather than the notice period – that is legal. However, to do so the employer must give you a minimum notice period which is twice as long as the holiday they want you to take. So if they wanted you to take 11 days’ holiday as part of your notice period, they must have told you of this at least 22 days before the leave was due to be taken. They have not complied with that notice period here so they cannot ask you to take the full 11 days holidays now. They can ask you to take a shorter period as long as the notice requirements are satisfied so ensure this happens if they try that.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should they fail to pay you what you are due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Ben, i requested by return a copy of my contract of employment ( which i know they do not have ) & they rang back & have agreed to pay me till the end of July. I think this was to save them any embarrassment as they are quite a large company.
So the matter is settled .
Regards, Steve
Expert:  Ben Jones replied 1 year ago.

Glad to hear it and all the best