An employee is leaving after being on gardening leave for the last three months, and has asked if we are able to extend his leave date to approx. 20 days after the official leave date, which would fall into the following pay period. He has agreed that his final pay will be on his official leave date but would like the p45 dated the following requested leave date. Please can anybody advise if we are able to hold off raising his P45 until the requested leave date with zero pay for the month?. Would this be seen as an agreement between the employer and employee?
Many thanks
Replies (3)
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The leave date should be set at the last paid day at work.
I can't think of a valid reason why one would want to set it later.
Why?
From the employer's point of view, there is nothing to be gained from agreeing to this. Indeed, they are potentially exposing themselves to risks. The obvious one is the employee later changing their mind about wanting to get paid for that period. Even if they don't, depending on the contract the employer could find themselves in breach of Minimum Wage law by agreeing to this.
I can only guess the employee doesn't want a gap, however small, in their employment history. That is their problem, not the employer's.