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Gardening leave at end of child specific contract

Discussion in 'Welcome lounge and forum help' started by julie1964peewee, Aug 28, 2019.

  1. julie1964peewee

    julie1964peewee New commenter

    My contract finished due to child moving on and there not been a suitable role with enough hours. I have recieved my p45 and August wages. I was told I had to go on gardening leave for four weeks. Am I still due wages and expected to be available for work. I have not anything in writing so not sure if I can work for an agency until four weeks are up or does this jeopardise redundancy money. I have not worked for anyone since we broke up for end of term. I was only told about redundancy on teaching training day in July when school closed. If anyone can shed some light on my position. If I am entitled to pay on gardening leave that's fine, if not can council not pay me redundancy if I work for an job agency.
     
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Your role sounds like it was giving 1-to-1 special needs support, not a teacher. Is that the situation? If so then redundancy sounds like a credible reason why your contract was terminated.

    Without knowing all the details I wouldn't want to guess when you are able to start doing agency work. Your union are best placed to advise you.

    Lots of online advice - this for example - says that you mustn't work during gardening leave or before your redundancy notice period expires without your employer's permission or you could lose your redundancy pay. It's general advice though, it may not apply to your specific situation. Get union/professional advice.
     
  3. lunarita

    lunarita Established commenter

    I had understood that gardening leave was paid leave.
    I can't see that you can be prevented from taking other work unless you're still being paid.

    Apologies if I've misunderstood.
     
  4. Corvuscorax

    Corvuscorax Senior commenter

    are you likely to be entitled to redundancy pay? I've never come across that ever with one-to-one support. How long did you do it for?
     
  5. Rott Weiler

    Rott Weiler Star commenter Forum guide

    You have to have been employed for 2 years to qualify for statutory redundancy pay. If someone is employed solely to provide individual support to, eg, pupils with an EHCP and then the pupils leave and there's no more pupils needing individual support them the job is redundant. We've always redeployed 1-to-1 SNAs to avoid redundancy when that's happened in the past but I guess with tightening budgets that might not be possible in all schools now.
     
  6. phatsals

    phatsals Established commenter

    I assume you worked for 2 years or more, hence redundancy. If you have received your P45, that is your final pay, no more is forthcoming. If you have been made redundant you should have been issued with a letter giving your Reason for Dismissal as Redundancy and any additional payment made clear.

    Did they pay you any additional pay? For example, statutory redundancy pay is a week per year up to age 50 or 1.5weeks pay over 50.

    The 4 week thing is always put in place, if you were re-employed by the school/LA in that time you wouldn't have been made redundant. It's about them covering their behinds. If they want you to sit on 'gardening leave' for 4 weeks, you should have already received the payment.

    As far as working via an agency or another employer, there's nothing to stop you. What you can't do is sit and wait when you need the money. This all sounds rather fishy to me, if you are in a union you must contact them. If not, go to Citizens Advice. From what you have said in your post. you've been verbally told you are redundant but have no evidence for it. If you have been employed for less than 2 years you don't have a leg to stand on, if over that you've been Unfairly Dismissed and can claim.
     
  7. phatsals

    phatsals Established commenter

    In short, if you were to try and claim benefits they wouldn't pay up as it could look like you resigned. The Dismissal letter is important.
     
  8. julie1964peewee

    julie1964peewee New commenter

    Not had a letter yet as none in HR until 2nd September apparently I can work for an agency until 8th of October and then I can look for a permanent role after that date. Thank you for everyone's replies. Hopefully I will get a permanent role again in near future
     
  9. phatsals

    phatsals Established commenter

    Sorry but this doesn't make sense. Have you been employed on contract and it hasn't been renewed? If so was it for over 2 years and had it been renewed at any point?
     
  10. phatsals

    phatsals Established commenter

    Who has told you to work for an agency until 8th October and why?
     
  11. julie1964peewee

    julie1964peewee New commenter

    HR said I could as I was not allowed to work for any local authority or any other bodies that are registered on the redundancy medication order.
     
  12. julie1964peewee

    julie1964peewee New commenter

    I was on a child specific contract and child moved go secondary school and was not another role with enough hours for me to have instead. I was not aware I was entitled to redundancy until the day of school Teacher training day. I had been with child since November 2013
     
  13. Rott Weiler

    Rott Weiler Star commenter Forum guide


    Redundancy Modification Order - the spell checker strikes again! :)

    Formal full name 'The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999'.

    Effectively it says that all schools, LA and academy, and LAs themselves are treated as a single employer for redundancy purposes so if you leave one school because your post is abolished and go immediately to work in another school you are considered to have been continuously employed by the same employer and therefore not legally redundant. And so not entitled to redundancy pay.

    Better explanation here

    https://www.stoneking.co.uk/literature/e-bulletins/continuous-service-and-redundancy-payments
     
  14. julie1964peewee

    julie1964peewee New commenter

    So that kind of says there should be no problem me taking on agency work and still receiving redundancy.
     
  15. Rott Weiler

    Rott Weiler Star commenter Forum guide

    You need professional advice to be sure of that. What does your union says?
     
  16. TrueFaith

    TrueFaith New commenter

    Gardening leave is paid leave generally designed to get you out of your current role before you go to work for a competitor. The whole point of it is to have you sitting at home and not working.

    If you were an accountant who just got a job working for the firm down the road, you may be put on gardening leave straight away to stop you trying to nick clients, or other privileged information or even trying to harm your old firm. The gardening leave would generally finish once your notice period was up and you were then free to work for the competitor.
     

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