Notice in? Furlough or garden leave?

gary83

col81 said:

I cant go in the office my dad has chronic asthma so I wont be going in the office. I've been working from home they wont allow me on systems due to who I am going to work for.

Are you going to continue to work from home for the new employer? 

If it came down to it if you refuse/can’t go into work for your current employer and they require you to then they don’t actually need to pay you for the 4 weeks at all

col81

Gardening leave? I am on a low basic salary plus commission. I've no idea what they will do but as soon as I give the 4 weeks notice all the systems will go off so not much work I can do and I cant see them wanting me on other duties in the office telling people about my new job!

poppy12345

Looking back at other threads of yours, clearly you would like to stay home and continue to be paid.

gary83

you plan on handing in notice of 4 weeks whilst simultaneously refusing to come into the workplace due to your father having asthma. Your question is whether you get 80% or 100% of the pay for those 4 weeks whilst you sit at home. The company would also be within their rights to pay you 0% if your refusing to work and not eligible for SSP as there’s nothing wrong with you. 

You might be able to have your cake & eat it but you won’t know how it’ll play out until you speak to them 

col81

No poppy if you look at other threads I wanted my job back and to know my rights. Your no help 

phillw

col81 said:

I am in a sales role and going to a competitor I am offering 4 weeks notice. I have just come back off furlough. Will the company put me back on furlough for 4 weeks or pay me my salary for gardening leave?

In my experience, gardening leave is for people they have decided to get rid of and want you out of the office to avoid recriminations. While if you hand your notice in then an employer will find something for you to do during your notice period, if you do anything they'll write to your new employer who will probably rescind their offer.
If you refuse to do the work they ask of you then they can refuse to pay you. I assume if you've come off furlough then it's because they have something for you to do.
If they are annoyed because you are going to a competitor then you may have exhausted good will. They may be happy to let you take them to tribunal.
You should just explain your situation and state what you can do for them & ask what they intend to do.

col81

They wont let me do sales so why should I do another job that is not my role

gary83

col81 said:

No poppy if you look at other threads I wanted my job back and to know my rights. Your no help 

Why did you start so many threads asking questions about coming back off furlough to this job only to hand your notice in so quickly?

are you 100% sure it’s a good time to move? In the new company you won’t be eligible for furlough if there’s a second flare up & if they struggle & look to make redundancies then no one wants to be the new boy

sharpe106

As they are paying you, that is how it works, they are basically buying your time and effort. You sell your time for x amount of money and within reason they can get you to do what they want in that time. 

Grumpy_chap

There is likely a 'catch-all' clause in your contract / duties that ends something like "...or any other reasonable task in connection with the business."  That is why you should do another job that is not your role.  If the task they ask you to do is neither illegal or immoral, they've got you.