employees rights - Garden Leave

recently.heartbroken

When i handed in my notice at work from my position of team manager, my employer agreed I could leave immediately under garden leave during a 1-2-1 chat so once I cleared my desk I attended a exit interview done by an employee who was a senior customer service agent (i am on a higher management level to them) rather than my boss. I was also asked to hand over my key fob, work pass and locker key.

Now my employer has asked for me to supply a sicknote to cover my garden leave otherwise I will no it be paid. I'm not sure of my rights as I assume I would be paid for this duration.

Any advise would be gratefully received

Thanks

😀😀😀

Pookle

Garden leave is paid as far as I am aware and they agreed to it. You're not off sick!

LittleVoice

recently.heartbroken wrote: »

When i handed in my notice at work from my position of team manager, my employer agreed I could leave immediately under garden leave during a 1-2-1 chat so once I cleared my desk I attended a exit interview done by an employee who was a senior customer service agent (i am on a higher management level to them) rather than my boss. I was also asked to hand over my key fob, work pass and locker key.

Now my employer has asked for me to supply a sicknote to cover my garden leave otherwise I will no it be paid. I'm not sure of my rights as I assume I would be paid for this duration.

Any advise would be gratefully received

Thanks

😀😀😀

Did you ask to leave straight away and the company agreed to that or did they suggest it?


If they were simply allowing you to leave immediately at your request but would have been happy for you to serve your notice, why should they pay you?


What reason was there for you not working your notice? Did you claim any kind of inability to work (eg the job causing you stress)?

agrinnall

I think your employer needs to be reminded of the official meaning of gardening leave:

https://www.gov.uk/handing-in-your-notice/gardening-leave

And note particularly:

"You’ll still receive full pay and any contractual benefits during this time."

asajj

Do you have it not written on your contract? Check it.
Did they give you anything confirming that you may go on gardening leave ?

jc808

Ask them to put that request in writing!!!

TELLIT01

'Garden leave' is generally the term for still being in employment but the company not wanting you to continue doing your normal work. It has nothing to do with being sick. Tell your employer that you aren't sick, have not been sick and you're more than happy to come back into the office to complete your notice period. That should get their attention.

recently.heartbroken

Hi all

I had been off work for 5 weeks prior due to stress from my marriage breakdown. My boss. When I handed in my notice my boss said that as ive been off so long prior I wouldn't have to work my notice and I would be paid. She said not to worry and she will arrange garden leave with Hr so I can be paid. I have left as since break up of my marriage I don't have any family in the Heathrow area I had no choice but to move back to my family in Northampton

recently.heartbroken

TELLIT01 wrote: »

'Garden leave' is generally the term for still being in employment but the company not wanting you to continue doing your normal work. It has nothing to do with being sick. Tell your employer that you aren't sick, have not been sick and you're more than happy to come back into the office to complete your notice period. That should get their attention.

Thanks, I have exchanged emails with my old boss and now included HR too. I can't return to the office as they have taken my keys, pass n clearance to enter the building again. My dad has told me they must pay me legally but I'm abit worried about it. I had been off sick prior to handing in my notice, technically I could have remained on paid sick leave for another 7 weeks but thought I'd be decent enough to resign rather than cost company more money.

[Deleted User]

I suppose your doctor would sign you off again as it seems that you would be unfit for work if you hadn't resigned? Why make things difficult for yourself when you could get another sick note? The important thing is that you get paid.

getmore4less

How long have you worked there, what was the company contractual notice to you?

This is important as full pay during notice is embedded in the employment act if certain conditions on notice are met.