Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Does your contract state that your employer can terminate you by playing you in lieu of notice?
Thanks. The employer should initially allow you to work your notice period and pay you as normal for that time and also allow you to continue accruing holidays. If they had a contractual clause allowing them to pay you in lieu of notice, they could have used that to terminate your employment at any point during the notice period and stop you from accruing further rights in terms of holidays, although they would have still had to pay you for your notice period.
In tour case you have no contract containing such a clause so the employer cannot legally terminate you in lieu if notice and if they do it would potentially be a breach of contract. Whilst there is nothing stopping them from doing that, they should compensate you for the amounts you would have earned had you been allowed to stay and work your full notice period. This means you should get 3 months’ notice pay from the date they issued you with notice, plus any accrued holidays for that 3 month period, which would indeed be 25% of your annual allowance.
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Hi there, you are correct - during a garden leave period you are still employed by them and if needed they can call you back to work at reasonable notice. So if you do find other work, there could be a potential conflict where you are expected to work for both jobs at the same time. As they state you can find alternative employment I suggest you check if they are genuinely happy with you doing so and what would happen in the event they want you to come back (or if that is likely to happen in the first place)
No problem, all the best