Can my employer put me on garden leave

What happens if I Put you on garden leave? Can I leave a gardening leave? Employees on gardening leave can ’t re-enter the workplace and can’t work elsewhere during the period of leave.

There may be further restrictions, and these are included as part of a garden leave contract. Your employer may ask you not to come into work, or to work at home or another location during your notice period. This is called ‘gardening leave ’.

You’ll get the same pay and contractual benefits. It is correct, legally you left the company on the earlier date and were no longer reporting to anyone at work. So the Pmentions the earlier date in case you try to represent the company falsely whilst you are on Garden Leave. Check your contract but would be surprised if you are allowed to breach the month notice.

If you do, you will risk your old employer taking you to court. The gardening leave is there to stop you being able to capitalise on any of your. By all means start looking and interviewing for another job but advise them that you cannot start until xxx date (when you are made redundant or whatever) If you go out and get a job now you would have to hand in your resignation and lose. Generally, the employer will be able to place the employee on garden leave for the whole of their notice period.

But, where an employee has an exceptionally long notice perio say more than six months, the employer may be unable to enforce garden leave for the full period.

A garden leave clause in your contract of employment allows your employer to exclude you from work for the duration of your notice period. This can be a key protection for employers , along with post-termination restrictive covenants. There are certain professions requiring particular skills or talents, such as surgeons and TV presenters, where an employer owes an obligation to the employee to provide work. Whether or not it is possible for an employee to use up all their outstanding annual holiday entitlement during garden leave will depend on the length of the garden leave that the employer has instructed the employee to take in relation to the length of outstanding holiday entitlement. They can ask you to take any unused holiday during your garden leave.

Reasons an employer might put you on garden leave , but where pay in lieu of notice would be more common: If there are concerns that if you stay at work while completing your notice perio you will have a negative impact on your fellow employees. If you get garden leave or pay in lieu of notice your employer will either tell you in person or put it in your redundancy letter. Talk to your employer or contact your nearest Citizens Advice if you’re not sure which you have. You’ll be paid at your usual times and pay your usual tax if you get garden leave.

However, there is no breach of contract if there is a specific clause in the contract of employment which gives the employer the right to put an employee on garden leave if notice of the termination of the contract is given by either party. Garden leave is commonly used within the terms of an employment contract. Gardening leave describes a situation where an employee gives notice or is given notice of termination of employment and is directed to stay away from work for the duration of the notice perio whilst continuing to pay the employee’s remuneration. However you need to ensure you have the right to put an employee on gardening leave.

Can my employer make me take garden leave ? An employer ’s right to send an employee on gardening leave depends on the contract of employment in most cases. Where possible, employers should insert clear and unambiguous clauses relating to gardening leave in written and signed contracts of employment. The starting point is that employees are entitled to full pay and benefits during periods of garden leave.

The right to place an employee on garden leave is a contractual one, meaning you should include a garden leave clause when drafting an employee contract.

In the clause, you can include details such as who they can communicate with regarding leave , what they should expect regarding attendance at the office, and so on. You should still be paid while on garden leave. Put your request to leave early to your employer in writing saying when you want to leave. If you leave early without your employer’s permission, you could lose some or all of your redundancy pay.

If your employer refuses, take advice from your trade union, Citizens Advice Bureau , Acas opens in new window or the Labour Relations Agency.