Garden Leave During Consultation Period

Therefore this period of garden leave could be for a few weeks or few months depending on the employees contractual notice period. The Company shall be under no obligation to provide you with work during any period of notice to terminate your employment or any part thereof whether given by the Company or by you.

Redundancy And Garden Leave How Does It Work Latest Employment Law News

A to carry out different duties from your normal duties whether or not this occasions a loss of status.

Garden leave during consultation period. Youre paid as usual until the end of your notice period but you dont have to come to work - this is called garden leave you get all your notice pay at once and your job ends straight away - this is called pay in lieu of notice or PILON. The length of the garden leave period will depend on the length of the employees notice period. Posted on Jan 31 2017.

Garden leave usually occurs when an employee will have their employment terminated at a future date or have provided notice of their resignation. If this is the case you have two options you can either place the employee on garden leave or pay them in lieu of their notice period and terminate their employment with immediate effect. Sometimes whether youve terminated the individuals employment or theyve opted to resign themselves you need them to not be around during their notice period.

You must be given at least the statutory notice period 1-12 weeks depending on how long youve been in the job. You still get the same redundancy pay. If your employer says you do not have to be at work known as garden leave you must get paid as usual during your notice period.

Moreover during garden leave the employer is under no obligation to provide work or assign any duties to the employee for the whole or part of the employees notice period. Guest blog by Louise Lawrence senior associate Winckworth Sherwood Although the prospect of unemployment can seem inevitable after the words at risk are mentioned the law provides protection to ensure employees with at least two years service are not. If the consultation is genuinely completed within the minimum period you may be issued with a termination notice.

Employers will want to consider whether it is reasonable to place an employee who is at risk of redundancy on garden leave with severe restrictions as to what heshe can and cannot do at the commencement of redundancy consultation. You could find yourself suddenly at home for anything up. C not to attend work and may exclude you from any premises of the Company or any Group.

And will usually be denied access to company computer networks mobile devices etc. This cannot take effect until after the minimum consultation period ends unless you agree to leave early for example by taking pay in lieu of notice. Garden leave is when an employee completes their notice period away from the workplace whilst still receiving pay and benefits as normal.

The meaning of garden leave often known as gardening leave is that you require the employee to be away from the workplace during their notice period. Employees on garden leave typically are not expected or even allowed to work during this time and are prohibited from taking up a job with a new employer. Pros of garden leave.

You receive redundancy notice. In large scale redundancies more than 100 people being let go from any one establishment minimum periods of consultation are necessary. Your employer may place you on garden leave during the notice period to restrain you from communicating information to competitors or using company resources for other employers.

However if youre taking gardening leave you will normally leave work as soon as you get your redundancy notice. This means they still have the right to all the terms and conditions as set out in their contract of employment even during the period of garden leave. Employees who are on garden leave have all the same rights as they would during a traditional notice period the only difference is that theyre not in the workplace.

This means that the court is not just limited to enforcing the garden leave clause it can also enforce express contractual provisions or implied duties such as the duty of good faith trust and confidence and fidelity that every employee has to their employer. Employers warned unreasonable redundancy consultation procedures could be grounds for unfair dismissal. In Thomas v BNP Paribas Real Estate the Employment Appeal Tribunal EAT allowed an employees appeal against a tribunals finding that his dismissal was fair notwithstanding that the tribunal had considered that the redundancy consultation process was insensitive and perfunctory especially as the employee was placed on garden leave at the start of the process.

Garden or gardening leave is the term typically used to describe an employee who has been dismissed or is at risk of redundancy and is not required in work. What happens after the consultation. When an employee hands in their notice and you wish to place them on gardening leave you will need to clearly set this out in a garden leave letter.

If the employees notice period is longer than six months and they are on garden leave for this period of time a court may rule that it is longer than necessary to protect your interests. They can ask you to take any unused holiday during. During such period the Company may require you.

What are the pros and cons of garden leave for the employee. A consultation must begin in good time and take as long as is necessary. If they agree you can leave early your employer does not have to pay you for the rest of your notice period.

However they are still receiving their usual salary and benefits whilst on garden leave but are not allowed contact with other employees or customers. The contract of employment is still in force during garden leave. B to cease carrying out your duties altogether.

Garden leave is usually for more senior employees who are likely to have a longer notice period than the statutory minimum.

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