Garden Leave

Hi All

I have just had an employee hand her notice in but the Manager is concerned she may try and do some damage with our customers so wants to know if we can put her on garden leave to prevent this. There is nothing in our contracts to say this as she a co-ordinator but has had a rocky relationship with her Manager and has said several times since she has handed her notice in, well I don't care and what they going to do sack me!

Any advice on what to do?

Thanks

Rachel

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Replies

  • Hi Rachel

    My approach would be check her contract for a garden leave clause and in the absence of one I would also check to see if she has a PILON clause and if your could pay in lieu and remove her from the business to limit the risk then this could be an option.

    In the absence of both of these clauses could an informal disucssion be had with her to disucss the concerns and get her agreement to not have to attend the office during her notice? Obviously take ntoes of any such discussion and confirm with her in writing.

    As far as constructive dismissal is concerned I wouldn't be worried about that. She would find it hard to argue that a "dimissal" has occured a) as she has already resigned so would find it hard to claim that the reason for her resignation was "the final straw" argument and b) she would be recieving a payment without carrying out the work.

    I would take up some advice also from ACAS if you are still concerned just to ease your mind
    Hope this helps

     

     

    • Thank you both for advice, much appreciated.

      Emma, we have neither of those clauses (contracts under review and imagine they will be going in in some form!) 

      She's now put in a formal grievance about her Manager!

      • Oh dear! It's quite typical though, clearly there are some perceptions on her part and she is not going to leave quietly. I think you are now in damage limitation mode. Let her air her grievances and have her say, follow process and aim to her end date! Surely if she has these grievances it's worth a conversation with her about not working her notice period, if she is really that unhappy! Keep us posted on the developments and good luck!
  • Oh that is awkward!! Have you got evidence of her calling other members of staff this and also of her saying what can they do sack me?

    As this may come in handy for your reasons for gardening leave? It is overwhelming I totally understand your issues on this situation. Very risky but it hopefully can be resolved with some advice from someone who knows a little more about dismissals.

    Claire

  • Hi Rachel

    This is a good question. This lady doesnt seem to have a good attitude if she is coming out with comments like what will they do sack me. I think leave would be the best thing to do if you could. Here is a link i found useful looking over i hope you do too :)

    Let us know how things work out

    http://www.findlaw.co.uk/law/employment/losing_a_job/500469.html

    Claire

    • Hi Claire

      I know I would rather be bit more cautious as she has also been disciplined for sending emails calling people around her (idiots!) My only concern is that someone said to me that if we do that and there is nothing in the contract that she could have us for constructive dismissal? This area I always find a little overwhelming so wanted to check.

      Thanks

      Rachel

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