Gardening leave

[Vultch]

Anybody know the in's and out's of gardening leave or is it just up to an employers discretion ...

[JUDWAK]

http://en.wikipedia.org/wiki/Garden_leave
i cant spell all that

[dieselboy]

My garden is a mess.. If you're on leave, then, well you know where I'm going with this

[KERRSURF]

Your union if you are in one will give you advice.

Most companies use gardening leave for employees who have been paid off or have handed in notice to protect the company interests, to avoid sabotage of equipment (from disgruntled employees) or to avoid theft of data,goods, tools, equipment etc.

You should receive full pay on gardening leave until your last day of employment.

[Vultch]

Its for a female friend at work... she has been told to go sick by HR no less, they are refusing to give her gardening leave.

[Rustinho]

From my experience it can either be written into a contract or it will be at an employers discretion.

I had a months gardening leave when I left a job I used to have at a pharmaceutical company working in product development. I was having some serious conflict with a manager & HR and it was basically to ensure that I didn't corale people into supporting me (it was a non-union workplace. They knew what an awkward bugger I am and that I have a trade union background in my family) and ruin the working atmosphere (possible!), try to sue the company or just downright wreck work that had been ongoing for several years (which I wouldn't have done cos a lot of friends jobs depended on it).

If you could put a bit more flesh on the bones I might be able to give you more info.

Your best bet for her would be to either get in touch with a trade union (if they are a member) or with the CAB (if they aren't a union member) who should be able to point her in the direction of an expert in employment law. She should be able to get a free initial consultation with legal aid.

[stormforce]

If an employer want to lay someone off like they did with me then if they give the employee 8 weeks notice for instance and the employer then states that that person will not have to go to work for those 8 weeks then the employer has to pay the employee 8 weeks full pay plus any holiday pay etc owing the that person.They cannot tellor make the employeee to go on the sick for that time period and then lose money on sick pay.
If the employee is being laid off for ill health then it will be the same as above and then the employer will have to pay redunancy or like Networkrail did with me they paid me severance pay and it has to be at the rate of pay that the employer was on and no reduced rates.
The only way an employer can get out of this and that is if they have a signed contract of employment that the employer and employee both have signed and both have copies of and states anything different from what i have said above.
I have had all this info givemn to me last year just before i was laid off due to ill health and it has all come via the RMT union Rep

[Nick V]

Anybody know the in's and out's of gardening leave or is it just up to an employers discretion ...

If you need any advice that is spot on try here: http://www.acas.org.uk/index.aspx?articleid=1461

Cheers, Nick

[JUDWAK]

i used to employ people
in truth

all it take is to change a job title
lay the person off who was doing the job that now dont exist

employ some one else to do the new job
we 'd have meetings if we dint like someone

there is no need to go a long way around getting rid of someone in the work place

tiz easy ya just give em the boot
not nice maybe but tiz how its done

if you get leave with pay take it

[KERRSURF]

i used to employ people
in truth

all it take is to change a job title
lay the person off who was doing the job that now dont exist

employ some one else to do the new job
we 'd have meetings if we dint like someone

there is no need to go a long way around getting rid of someone in the work place

tiz easy ya just give em the boot
not nice maybe but tiz how its done

if you get leave with pay take it

Was this before employment laws were in force?
What a way to treat people.....

[KERRSURF]

Your union if you are in one will give you advice.

Most companies use gardening leave for employees who have been paid off or have handed in notice to protect the company interests, to avoid sabotage of equipment (from disgruntled employees) or to avoid theft of data,goods, tools, equipment etc.

You should receive full pay on gardening leave until your last day of employment.

You cannot be 'told' to go off sick, the only person who can decide if you are unfit for work is a doctor.

[Calos]

Hehm, there's what's written down on paper from the HR dept, and then there's what happen's in the real world.

Garden leave, is really about keeping things sweet, that is you hand in your notice and your going to work for a competitor, instead of working your notice, you are asked to get paid for it, but bugger off. But you may not work for your new employer while your on it.

Forcing people out of a business that don't fit it will always happen no matter what changes politicaly, I'm not saying it's right but it is what it is.

Mostly, garden leave is used as a thank you, here take the money and fek off.

Unions etc died with thatcher, and tony blair would not bring them back because they would've usurped him. Or any leader, wich is why they where gotten rid of in the first place.

I was born in the 60's grew up in the 70's and have seen the changes, sometimes the more things change the more they stay the same.

peace
cal