Garden Leave?

lucylucky

katie94 wrote: »

just found out my home needs to be risk assessed for health and safety reasons and equipment should be provided by my employer e.g it equipment, desk and chair. Does anyone know if this info is correct?

Yes that is correct.

Someone must come and make sure your workplace conforms with DSE regs.

From what you have said I doubt it would, therefore it would be up to your employer to bring it up to spec.

If your home could not be used then you couldn't "work from home" so that would be the end of that.

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073791654&type=RESOURCES

DCFC79

katie94 wrote: »

I have been put on garden leave not dismissed and working from home. I informed my employer they are obliged to provide me with the right equipment but still not had a response. Shall I continue to not do the work and stand my ground or cave in. Took further adivice from employment law, through different things that have happened in the past, been advised to resign with immediate effect stating conduct and treatment and going for constructive dismissal causing stress and anxiety, if I do this will I still recieve my holiday pay and this week pay? Any idea or advice kindly recieved.

Just say you have no internet access due to various reasons like bill not payed or you dotn have a computer

DVardysShadow

katie94 wrote: »

I have been put on garden leave not dismissed and working from home. I informed my employer they are obliged to provide me with the right equipment but still not had a response. Shall I continue to not do the work and stand my ground or cave in. Took further adivice from employment law, through different things that have happened in the past, been advised to resign with immediate effect stating conduct and treatment and going for constructive dismissal causing stress and anxiety, if I do this will I still recieve my holiday pay and this week pay? Any idea or advice kindly recieved.

Constructive dismissal is rarely a good case to bring. I get the impression that there is a whole load more to this story - which is not strictly relevant in detail, because you have handed in your notice.

I think the thing to do now is to write a letter, recording the instructions to work at home [and who gave them] and state that you do not have the resources available and you are not prepared to conduct the employer's business on your premises, but you remain available to work your normal hours at your normal workplace for the remainder of your notice, if so requested. Put this in by hand and keep a copy.

If they don't pay you, you have a claim for all the pay you are owed and some written evidence in place.

Tiddlywinks

You need to give more detail as to the events leading to this decision.

Did you resign? Why? Were there disciplinary processes underway at the time of or prior to your resignation?

Do you have another job to go to?

Why does your employer not want you to attend?

Why are you using the phrase 'garden leave' (which is actually known as 'gardening leave')? Is this a phrase provided by your employer? Or have you chosen to use this phrase yourself?

What does your contract say about working out notice?

katie94_2

My employer called it garden leave, I just handed my notice in on Friday and received an email on Sunday refusing me entry into work, there was no discussion.

katie94_2

Latest update, my employer has asked me to work from a local uneployed centre using their facilities, phoned them they do not know anything about it and are only open a few hours a day. They are refusing to pay me for Monday and today because I have not produced any work. I explained I had not suitable work place. Some good news I have a new job to go to but do not want to forfit any pay. Help, what can I do?

lynzpower

Have they formally requested the opportunity for a full days work from this "unemployed centre?" Im fairy sure, as you are not unemployed , and your employer wants you to work there, they are taking the Pee and this unemployed centre is hardly going to let you use thier scarce resources for your employers benefit.

I would either get the centre to put it in writing to you, or that they need to write formally to the centre.

These 2 days shuld be claimable as part of the action - as they have not provided a workplace for you, seems to be more thier fault than yours. If they are refusing to let you in the workplace, I suggest going down there in the morning tothe workplace and getting turned away. then at least you can say you have tried to work.

katie94_2

how ironic phoned the unemployment centre to tell them my employers proposal, they have adviced me to come and see there employment law solicitor tomorrow!!!!

KiKi

LOL!

Katie, if you're on Garden Leave you shouldn't be working. As you've handed in your notice, you are now working your notice (it seems) so they need to provide you with a workplace to do that. You should be owed pay for the days you haven't 'worked' as the lack of workplace isn't down to you.

KiKi

Arthurian

I'm guessing if you have a mortgage there would be a requirement to tell the mortgage company, who might not be happy at you using your home for business purposes. Similarly, you might find a clause in your house insurance to the effect that you are only insured under the assumption that the house is not used for business.