Terms for gardening leave
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PurityExiled
Posts: 18 Forumite
Hello
I am being made redundant, and have been served notice. My termination date is mid Jan and I have been formally advised that I will be placed on gardening leave from end of November. All of this has been clear and I don’t have a problem with it.
When I queried how the gardening leave would be structured and how any requirement for me to work during this period would be managed I was advised that I could be called into the office at any time with little or no notice, that contact could be made via email or on my work phone and that I would be expected to respond in the same time frame as would be expected were I in the office. This sounds more like remote working than gardening leave to me.
I accept that I am still on contract, and need to be available to my employer, but do the terms above seem a bit unreasonable given I am supposed to be on gardening leave? I can’t find any employment directives online that touch on this.
Any advice much appreciated.
I am being made redundant, and have been served notice. My termination date is mid Jan and I have been formally advised that I will be placed on gardening leave from end of November. All of this has been clear and I don’t have a problem with it.
When I queried how the gardening leave would be structured and how any requirement for me to work during this period would be managed I was advised that I could be called into the office at any time with little or no notice, that contact could be made via email or on my work phone and that I would be expected to respond in the same time frame as would be expected were I in the office. This sounds more like remote working than gardening leave to me.
I accept that I am still on contract, and need to be available to my employer, but do the terms above seem a bit unreasonable given I am supposed to be on gardening leave? I can’t find any employment directives online that touch on this.
Any advice much appreciated.
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Comments
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PurityExiled wrote: »...This sounds more like remote working than gardening leave to me.... .
It's called gardening leave because you are supposed to stay at home doing the, err gardening. Or something similar.:)
Although the primary goal is to make sure that you don't go and work for somebody else. Hence they may well say they will check up on you from time to time.0 -
You are still employed whilst on garden leave. You are in effect 'on call' during your normal working hours. So if you are outside your usual working hours, you cannot be expected to work. What you described is pretty standard and the norm for garden leave expectations.
Just don't forget you seriously, cannot go off and work for another employer during this time, you must be available for your current employer.
I would use this time to brush up your CV and start applying for new jobs. I would make it clear on any cover letters you are currently facing mandatory redundancy and can start work from mid/end January 2018 as you are required until then. Oh and enjoy the festive period and new year with friends/family too!
I was in a similar situation 2 years ago, I did exactly the above and secured a job quickly. I was straight back in my new job the following week I finished my redundancy period. They did say I could take some time off before starting if I wanted - but I wasn't fussed!0 -
PurityExiled wrote: »Hello
I am being made redundant, and have been served notice. My termination date is mid Jan and I have been formally advised that I will be placed on gardening leave from end of November. All of this has been clear and I don’t have a problem with it.
When I queried how the gardening leave would be structured and how any requirement for me to work during this period would be managed I was advised that I could be called into the office at any time with little or no notice, that contact could be made via email or on my work phone and that I would be expected to respond in the same time frame as would be expected were I in the office. This sounds more like remote working than gardening leave to me.
I accept that I am still on contract, and need to be available to my employer, but do the terms above seem a bit unreasonable given I am supposed to be on gardening leave? I can’t find any employment directives online that touch on this.
Any advice much appreciated.
No the terms are what they are, obviously unless you can negotiate better terms. They are still paying you in full. You can't have the penny and the bun!
The alternative is that you go in to work every day and, in all probability, be given the most boring jobs imaginable to fill your time.0 -
Quite. And just to add - you can still be dismissed during gardening leave. So don't even think of playing them. Because if you do you will be saving them a lot of money on your wages and redundancy pay.Undervalued wrote: »No the terms are what they are, obviously unless you can negotiate better terms. They are still paying you in full. You can't have the penny and the bun!
The alternative is that you go in to work every day and, in all probability, be given the most boring jobs imaginable to fill your time.
You should also note that you are so bound fully by all your contractual conditions. So if you are ill or want leave, you must adhere to normal procedures - otherwise you are absent without leave and subject to disciplinary processes.0 -
Thanks all for your responses. I have no intention of breaching any of the terms of my contract, of starting a new job or playing my employers. I’ve never been on gardening leave before and I just wanted to know if the terms around contact and availability were reasonable.0
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I was of the impression was gardening leave was when they didn't want you there after you tell them your leaving/told of redundancy etc in case you stole client lists / sabotaged computers / equipment / emptied the stationary cupboard while working your notice.
My daughter as soon as her manager heard she was leaving to join a rival company was pulled into the office and asked if true, when she said yes, was told to immediately clear her desk and put on gardening leave for the duration of her notice we suspect for the first reason above.0 -
I was of the impression was gardening leave was when they didn't want you there after you tell them your leaving/told of redundancy etc in case you stole client lists / sabotaged computers / equipment / emptied the stationary cupboard while working your notice.
My daughter as soon as her manager heard she was leaving to join a rival company was pulled into the office and asked if true, when she said yes, was told to immediately clear her desk and put on gardening leave for the duration of her notice we suspect for the first reason above.
Can be, but makes more sense to pay an employee in lieu of notice rather than having them on the books for another x months and all the complications that can bring.0 -
Doesn't sound unreasonable to me. I think I'd be tempted to smile and make the best of it.Debt 1/1/17 - Credit Cards £17,280.23; overdrafts £3,777.24
Debt 5/1/18 - Credit Cards £3,188; overdrafts £00 -
Not always, with a redundancy situation circumstances can change and you need the people back on the job.Can be, but makes more sense to pay an employee in lieu of notice rather than having them on the books for another x months and all the complications that can bring.
Can also be a cashflow problem easier to pay over time or in a different year.0 -
In my case they are embedding a new team in another part of the country to replace myself and my other colleagues. They want the new team to take over operations, but want us on hand in case the new people need any advice or information that was missed during the handover. That’s why we’re getting gardening leave rather than pilon.0
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