UK redundancy consultation: new job offer before final termination date. Can garden leave / PILON be negotiated while keeping enhanced settlement?
Hi all,
Looking for practical experiences rather if not informal legal advice.
I’m currently employed in the UK by a large US tech company and my role is potentially impacted by a collective redundancy consultation (45 days). I have less than 2 years’ service and am still fairly new in role.
The company has proposed an enhanced redundancy package if affected employees sign a settlement agreement. The current process suggests that, if redundancy is confirmed and the settlement is signed, there would be around 4 weeks of garden leave / notice before the final termination date.
Separately, I may receive an external job offer soon. The likely issue is that the new employer may want a start date before my proposed final termination date under the redundancy settlement timeline.
I’m not planning to resign, because I do not want to accidentally lose the enhanced redundancy package. I’m trying to understand what is realistic in practice if I have a confirmed offer and need to start earlier.
Has anyone got advice for successfully negotiating any of the following while still keeping their enhanced redundancy / ex gratia package?
- Garden leave being converted into PILON
- Garden leave being shortened
- An earlier termination date being written into the settlement agreement
- A written waiver allowing them to start the new job during garden leave
- Any other arrangement that allowed an earlier start without losing the enhanced package
I'm just bermused as to why the would want me around on payroll until August 27th when I could leave earlier. The 45 day consulations techincally ends on 25th July so legally after that date they can legally release me. I just do not want to miss another offer either (they arent keen for august 27th). Thoughts/advice?