Garden Leave following retracted resignation & HR complaint

jonnybinthemix

Hey All,
Looking for a little advice as my company has/is doing/done something which just doesn't feel right.
I have raised an official HR Grievance Complaint against my manager, HR agreed with me that the complaint is serious enough to action and carry out a full and thorough investigation, and seemingly HR were helpful from the stat in giving me advice and collecting information from me.

Several days later I had a routine/scheduled meeting with my manager. I asked HR is a.) he knew about the complaint & b.) whether I should cancel the meeting to not make the situation worse. HR responded with carry on business as usual, but suggested I do discuss my concerns with my manager. 

I did this, and what followed was a complete pack of lies from my manager, to my face.. which really did upset me. Considering he completely denied something which I know 100% happened. I was a bit upset and admittedly I acted likely in haste.. and I wrote my resignation and sent it to HR explaining that I don't know if I can really find a way to move forward from this. I realised that this was a bit of a silly move, and following a conversation with HR, they said they've love for me to retract my resignation and let the investigation play out. I did this, and emailed HR explaining that I retract my resignation pending the investigation.

What then transpired was, moments later I noticed my access to core business systems was being blocked.. I was all of a sudden unable to do my job! I then got a call from a senior member of the exec team, saying that a decision has been made to put me on garden leave and block my access to business systems, pending the investigation!

Well what this tells me if that a.) they've not accepted my retracted resignation and b.) I'm being treated as though the complaint was made against me and not the other way around. My manager has not been put on any kind of garden leave to my knowledge. 

My questions are: Can I be put on garden leave if I'm not technically serving my notice? I read on a HR page online that retractions are at the discretion of the company, unless they're done in haste and quickly retracted.. I believe I tick both of these boxes because I have it in writing from HR asking me to retract my resignation (this tells me they've accepted it?) and I also tick the box of hastily retracting the resignation because it was a matter of hours between my resignation going in and it then being retracted.

Have I or am I being treated unfairly here or am I over reacting?

Dox

jonnybinthemix said:

Hey All,
Looking for a little advice as my company has/is doing/done something which just doesn't feel right.
I have raised an official HR Grievance Complaint against my manager, HR agreed with me that the complaint is serious enough to action and carry out a full and thorough investigation, and seemingly HR were helpful from the stat in giving me advice and collecting information from me.

Several days later I had a routine/scheduled meeting with my manager. I asked HR is a.) he knew about the complaint & b.) whether I should cancel the meeting to not make the situation worse. HR responded with carry on business as usual, but suggested I do discuss my concerns with my manager. 

I did this, and what followed was a complete pack of lies from my manager, to my face.. which really did upset me. Considering he completely denied something which I know 100% happened. I was a bit upset and admittedly I acted likely in haste.. and I wrote my resignation and sent it to HR explaining that I don't know if I can really find a way to move forward from this. I realised that this was a bit of a silly move, and following a conversation with HR, they said they've love for me to retract my resignation and let the investigation play out. I did this, and emailed HR explaining that I retract my resignation pending the investigation.

What then transpired was, moments later I noticed my access to core business systems was being blocked.. I was all of a sudden unable to do my job! I then got a call from a senior member of the exec team, saying that a decision has been made to put me on garden leave and block my access to business systems, pending the investigation!

Well what this tells me if that a.) they've not accepted my retracted resignation and b.) I'm being treated as though the complaint was made against me and not the other way around. My manager has not been put on any kind of garden leave to my knowledge. 

My questions are: Can I be put on garden leave if I'm not technically serving my notice? I read on a HR page online that retractions are at the discretion of the company, unless they're done in haste and quickly retracted.. I believe I tick both of these boxes because I have it in writing from HR asking me to retract my resignation (this tells me they've accepted it?) and I also tick the box of hastily retracting the resignation because it was a matter of hours between my resignation going in and it then being retracted.

Have I or am I being treated unfairly here or am I over reacting?

Garden leave is specifically used to refer to someone serving a notice period being told not to come into work. It could be nothing more sinister than a slip of the tongue made during the call. You need to clarify, as calmly as possible, exactly what the position is. No point getting steamed up until you know there is reason to do so.

Undervalued

There is no automatic right to retract a resignation. They may choose to let you but that is up to the employer. "Accepting" (or not) a resignation is also meaningless. If an employee gives notice that they are resigning then it is irrelevant whether the firm "accepts" this or not. The employee can leave at the end of the notice period regardless of whether the employer likes it or not!

Unless it has been mutually agreed to cancel / ignore your resignation then yes you can be put on so called garden leave for some or all of your notice period at the employer's discretion. If your resignation has be cancelled then you could be suspended, on full pay, at the employer's discretion - which comes to much the same thing.

HR are not there to help you, nor are they even neutral. HR's function is to protect the company for all the nasty issues employees can cause!

jonnybinthemix

I understand all of your points... but my point is HR told me in writing:

Hi HR, I sent that email as discussed. Just a quick question, from what we talked about... knowing I can retract my resignation next week is good, but what's stopping manager from hiring my replacement during that time? And if that's the case it could be challenging?

Hi,
Good points. If you’re feeling strongly about retracting your resignation, you should do it now. I thought you weren’t sure.

jonnybinthemix

I would take the above as HR telling me it's okay to retract my resignation. Following their note above, I sent the email saying I retract my resignation.

Understand your points about HR being there to protect the business, and that completely makes sense.. but I'm also trying to protect the business by making the complain in the first place, so we're both on the same side. 

Now, after doing the 'right thing' - I've been made to feel as though I'm in the wrong.

The wording from the exec who called me was very specific... "You're being place on garden leave and having your access restricted, pending the outcome of the investigation" - He even acknowledged on the call that I had since retracted my resignation. So my question really remains, how/why can I be put on garden leave pending the HR investigation which I raised? And I might say; raised to protect the business.

I don't think it's right that I've had nothing communicated to me in writing, officially... aside from a phone call from an exec of the company, I've have absolutely no communication form the business at all. I may add that I am a manager also, and my team have not been notified that I'm not working... they're left in the lurch wondering where I am! This whole thing seems to have been handled so badly and I'm left with a sour taste in my mouth after trying to do the right thing.

Undervalued

jonnybinthemix said:

I would take the above as HR telling me it's okay to retract my resignation. Following their note above, I sent the email saying I retract my resignation.

Understand your points about HR being there to protect the business, and that completely makes sense.. but I'm also trying to protect the business by making the complain in the first place, so we're both on the same side. 

Now, after doing the 'right thing' - I've been made to feel as though I'm in the wrong.

The wording from the exec who called me was very specific... "You're being place on garden leave and having your access restricted, pending the outcome of the investigation" - He even acknowledged on the call that I had since retracted my resignation. So my question really remains, how/why can I be put on garden leave pending the HR investigation which I raised? And I might say; raised to protect the business.

I don't think it's right that I've had nothing communicated to me in writing, officially... aside from a phone call from an exec of the company, I've have absolutely no communication form the business at all. I may add that I am a manager also, and my team have not been notified that I'm not working... they're left in the lurch wondering where I am! This whole thing seems to have been handled so badly and I'm left with a sour taste in my mouth after trying to do the right thing.

I understand all of your points... but my point is HR told me in writing:

Don't get too hooked up on "in writing". For 99.9% of matters in English law, things don't have to be in writing to be valid or binding. Obviously it is harder to prove verbal agreements but they are just as valid.

Arguably, it is not HR's decision whether you can withdraw your resignation or not. The default position is that you can't and it may need the agreement of somebody far higher up the food chain!

As I said earlier, "garden leave" and suspension on full pay are effectively the same thing.

74jax

HR have said you can retract your resignation. 
Once you have requested to retract, It's up to the company whether to accept  or not - HR is just telling you that you can put in to retract. 
HR is not there for you, to but tell you the policies on behalf of the company. 

jonnybinthemix

Fair enough...
So the consensus is that I have been put on 'garden leave' due to my resignation. That's fair I suppose... Just feels wrong that I am being made to feel as though I've done something wrong when I'm the only one involved who has done nothing wrong! 

As they say ***holes finish first right! Ultimately, I'll lose out but I'll sleep better knowing I at least tried to do the right thing.

eamon

It is unlikely that you will win your grievance as managers usually close ranks. Of course you will be thinking through all the scenarios and what anyone of them could mean for you and your career. Try and not do that, its hard work and ultimately pointless. Have you got trade union representation? How much time have you got invested there? In your opinion could you quickly get a new job? (present climate is not ideal job hunting time).

Take the garden leave for what it is, paid time out from work. Read up & understand the grievance procedure & process. Do a new CV.

jonnybinthemix

Thanks for the advice.. I'm not in the slightest bit worried about leaving. Happy to walk out the door frankly.. I just want to make sure I'm doing the right thing and that I'm not letting them get away with shady antics.

[Deleted User]

I'm afraid companies rarely have morals where their business is concerned as morals rarely add to profit margins (usually the opposite).  Expect shady antics, ignore them as they are no reflection on you and find another job asap.