A friend resigned from Employment after 18 months. To leave end of month. Now put on garden leave?

Garden leave was given verbally. They say they do not have to put it in writing. The employment contract states they can do it but does not say she cannot work anywhere else can she? and should they have confirmed it all in writing as all is verbal no written acceptance of notice either?

She cannot work anywhere else because of her employment contract - which doubtless is in writing. If she started working elsewhere they would be able to stop garden leave and sack her without pay or notice immediately.

They don't need to put anything in writing about garden leave per se. She put the resignation in writing presumably, so the Employment contract is enough & she is now working out her notice, albeit at home with little work.

BTW - Lucky her! Garden leave in June, this is the nirvana of a working life.

Hello,

(ANS) The problem here is that what the UK employment laws say technically on this matter and how the employer actually behaves are two entirely different things.

No.1 The law says the employer should give notice of the ending or closure of the contract of employment. Formally in writing, this comes under contract law and employment law.

No.2 However, despite what the law says unfortunately the employer (the company) makes & creates the rules, laws & procedures by which they require staff to work. i.e. the terms & conditions of employment. This sadly means they largely can call the shots when it comes to hiring & firing staff.

No.3 If the person has been put on so called "Gardening Leave" which is another way to say paid holiday, or paid termination of employment. i.e. the company wants rid of the person ASAP!! Then unfortunately if there is NOTHING in writing its one persons word against another technically speaking in law.

**How under these conditions can you prove the employer behaved badly or unfairly or unreasonably. Where is the hard evidence, and thats the problem here I'm afraid. The employer has the whip hand here.

No.4 There is No! legal reason I can see why a person put on garden leave couldn't use there time to seek another job, nor why they shouldn't be able to take up fresh employment. Why? as its clear they won't be returning to their previous employer.

**The question is unclear really as to who or if any contract has been broken, its definitely one of those Grey areas.

Kind Regards Ivan.

Garden leave is simply a convenient way for Employers to get someone out of the office.So long as she is being paid (which let's face is it is the important thing) I'm sure they are aware of their obligations and are not required to put it in writing. I don't think she can take another job since she is still technically employed. I don't believe there is an obligation to confirm notice in writing, they have obviously accepted the notice - hence the garden leave.

Simply put, she's still working for her employer but as it happens not actually being given anything to do. So her current employment rules still apply - if it says in the contract/ terms of employment that she may not work for anyone else while employed by her present firm, then she may not.

http://www.roydens.co.uk/content11.htm

The link contains some info about Garden leave rules in the UK.
From what it says she can't accept other offers of employment until the period of garden leave has ended..