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Sent home / Garden Leave - Legal?

Following lodging a formal complaint about bullying, my workplace asked me not to come in to work. They want me to accept a pay-off. They dont want the bother of looking into it.

I'm not technically on Garden leave as I have n't agreed to their pay-off terms. I don't think I should be absent from work like this. I havent done anything wrong.

Does anyone have any experience of being asked to stay away from work without any proper explanation? I don't think this is right. Obviously.
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Comments

  • How long have you worked there?
  • Caratax
    Caratax Posts: 9 Forumite
    I've been with the company 9yrs
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Any employer can tell you to stay home as long as you're being paid - basically.


    They cant force you to use A/L unless they give appropriate notice. And obviously cant just sack you.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Caratax wrote: »
    Following lodging a formal complaint about bullying, my workplace asked me not to come in to work. They want me to accept a pay-off. They dont want the bother of looking into it.

    I'm not technically on Garden leave as I have n't agreed to their pay-off terms. I don't think I should be absent from work like this. I havent done anything wrong.

    Does anyone have any experience of being asked to stay away from work without any proper explanation? I don't think this is right. Obviously.
    As stated, if the employer is paying you, it is their choice whether your attend work or not. So whether you call it garden leave or suspension, that is what you are on. They have told you not to come to work, so you cannot return unless they say so.
  • Undervalued
    Undervalued Posts: 9,881 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Caratax wrote: »
    Following lodging a formal complaint about bullying, my workplace asked me not to come in to work. They want me to accept a pay-off. They dont want the bother of looking into it.

    I'm not technically on Garden leave as I have n't agreed to their pay-off terms. I don't think I should be absent from work like this. I havent done anything wrong.

    Does anyone have any experience of being asked to stay away from work without any proper explanation? I don't think this is right. Obviously.

    That would have to be via a formal settlement agreement and you would have to receive independent legal advice otherwise it would not be legally binding. Ultimately it is up to you whether you accept any offer they make.

    As others have said, if they want to pay you to stay at home for the time being that is their privilege.
  • Caratax
    Caratax Posts: 9 Forumite
    That's it then. At home I languish.

    Frankly, it won't end there. Legal advice will be sought.

    Thank you all for responding.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    Caratax wrote: »
    They want me to accept a pay-off.

    Have they put this to you?
    Don’t be a can’t, be a can.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    Caratax wrote: »
    That's it then. At home I languish.

    A chance to get the house in order, do some gardening, and catch up on your Judge Rinder. Hope it goes well with the defence :)
  • Caratax
    Caratax Posts: 9 Forumite
    ohreally wrote: »
    Have they put this to you?

    All carefully worded. Of course.
  • Caratax
    Caratax Posts: 9 Forumite
    paddyrg wrote: »
    A chance to get the house in order, do some gardening, and catch up on your Judge Rinder. Hope it goes well with the defence :)

    Off to find out who Judge Rinder is. Thank you.
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