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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I am resigning today with 3 months notice period, my

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Hello,I am resigning today with 3 months notice period, my employer is going to pay the notice but let me finish at the end of the month, however I have the remainder of December booked as annual leave anyway. What should my notice period pay be at the end of December?3*monthly salary plus 25% of 2018 annual leave?ThanksDavid

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?

Customer: replied 1 month ago.
I just have an offer letter with 3 months notice. I am resigning but its more like a compromise agreement. However they are not officially terminating me.

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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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Customer: replied 1 month ago.
Hello again
Situation is that I agreed some acceptable terms with the employer and formally resigned on Tuesday with staggered payment in lieu of notice, officially handing over everything yesterday. they accepted that by email but have sent a letter today to say I am on gardening leave which, whilst they state I can find alternative employment, I believe has different ramifications such as I could be called back. Please advise. Thank you.

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)

Customer: replied 1 month ago.
Thank you

No problem, all the best