Employment Law...giving Notice.

[Arti]

I am about to give one month's notice to resign to my employer. Typically, they usually ask the employee to leave straightaway upon receiving notice and do not allow that person to work their notice. My job comes with a company car. If my employers tell me to leave, without serving my notice, am I entitled to keep my company car for my notice period?

[woofgang]

what do your t and c say?

[factor-fiction]

If they make you stay at home you'll be paid for your month's notice, maybe as 'gardening leave'If you have private use of the car I'd say it was part of your remuneration /Ts and Cs, so they'd need to either compensate you for the lack of a car or let you keep it for that month.

[DaisyNonna]

Often wonderd but never tried to find out. Why gardening leave?

[buildersmate]

It depends how they do it.
If they keep you as an employee but merely put you on gardening leave, you are essentially still on the payroll but not required to do anything - so you keep the car til the end date.
If they terminate your contract early, you should be offered a payment at least equivalent to the salary and benefits you would have received, in compensation for the contract breach. There's a bit of room for negotiation here, because they are contractually obliged to pay your full salary and benefits, but you can benefit because they can pay you the sum gross - it is not salary so not subject to pay or NI (or employer's NI for them). Under that deal you won't normally be allowed to keep the car for a month as there may be an insurance issue, as you are no longer an employee.