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Redundancy question - If secure new position during garden leave what happens?

4 replies

LaCiccolina · 23/01/2012 17:44

Hi, Ive been put at risk. I have been told I have 90 days garden leave (3mths effectively and i am not working it, wasn't given the option). I have been told I will receive a compromise agreement regardless of when I secure a new position, which is something to be grateful for.

But, do I still receive the 90 day pay or do I forfeit any of that if I secure a position outside the firm during it? IE if I get a job after a month, will I lose the other 2 months / 60 days pay? I cannot remember what they said, Im not even sure it was mentioned or just that I took it I got it all and Im now worrying a little that I might have assumed something..... :0( I can and will ask but Id like outside view as to what they can do. Unsure if this is something they can choose to change or is set in process/policy rules...... Not an issue I suppose until something comes up but I like to be sure and now Im not.....

Thanks a lot

OP posts:
RibenaHasLeftTheBuilding · 23/01/2012 19:44

If you are on garden leave you can't take up a new job until that expires. You are still their employee during that period, just not working. So if you find a new job one month in you will need to go to your employer and ask to be released.

Assuming they agree that, whether you still get the money or not is really up to them. Many employers will, because they've done their budgeting on what they think is 'fair' and are happy to stick with it. But they could say that, if you want to be released early, you forfeit the remainder of the pay.

LaCiccolina · 23/01/2012 20:35

correction, apologies, Im at risk of redundancy. Im in my 90 day notice period.

(Ive reread and not sure thats clear or if GL is the same thing...just realised?)

Thanks a lot, Is it the same answer please? Probably I expect....?

OP posts:
LaCiccolina · 23/01/2012 20:36

er consultation period - blimey apparently they kept my ability to write in english as well.... must ask for that back.....

OP posts:
RibenaHasLeftTheBuilding · 23/01/2012 20:43

They are slightly different things. Consultation period is before redundancy has been confirmed, whilst they are talking to your reps about it. Garden leave is when they have confirmed the redundancy and you are actually in your notice period, but not being asked to come into work.

But, it's roughly the same answer. Some consultations they won't let anyone go early, for various technical reasons. This is exactly the type of question I recommend your reps ask on your behalf. Often reps will negotiate that those going early do not lose out financially. As I said, since they will have done the sums for the full package, employers often agree this.

Do also check what would happen to your notice period if you leave during garden leave too - I assume they are paying it out?

It would be a bugger to get a new job too quickly and lose out on money! Hope you get it all sorted.

Yes, do reclaim all your skills back before you leave. Don't go leaving spelling, or arithmetic or something behind Grin.

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