Can I request garden leave?

April1234

I recently posted about my experience with a bullying manager.

I have got a new job and handed in my notice this week which is for one month.

Since handing in my notice things have gotten worse and they have become even more controlling to the point it is unbearable.

I notice on my contract that there is a garden leave clause whereby my employer can place me on garden leave.

My question is can I request HR to put me on garden leave, is this a thing?

Thanks

Wildly Boaring

Just go to a doctor. Surely all of the above is leaving you very anxious and stressed?

magicbastarder

you can request it. however, without seeing the clause, i doubt it entitles you to garden leave so i'd say they're free to refuse it. that's there for them, not you.

Idleater

IIRC garden leave is not time off, you should be available to do any work asked of you for your job.

You might for example be able to work from home writing up reports or other documents.

Generally, I have heard it invoked where the leaver works with sensitive or client data that may expire in (say) 6 months so the gardening keeps the leaver in house not distributing information to the competitor.

You can apply for straight out legitimate annual leave under the normal conditions though.

April1234

@Wildly Boaring Unfortunately I can’t afford to go on sick leave with social welfare.

Idleater

https://www.boards.ie/discussion/comment/120669067#Comment_120669067

In that case, just go to work with a smile knowing you are leaving and your boss is staying.

magicbastarder

just to clarify - garden leave is not the same as asking to be allowed not work your notice period (i.e. terminating your contract immediately)

garden leave is continuing to remain employed and paid by your employer, but not turning up for work/performing any duties. as above it's often invoked when someone has handed in their notice and for security or other reasons, the company want you to stop working for them, but are obliged to pay you for a notice period.

bucketybuck

Why let somebody bully you when you are already leaving and already have another job lined up?

You say it is unbearable so why go back there at all? There is nothing they can do if you don't work the notice period.

If you desperately need money and can't afford a gap in wages, there is still no reason to put up with any bullying. Just put your feet up at work for a month and laugh at them, what is the worst they can do to you now?

RoboRat

How are they bullying you? Are they being insulting or just trying to get you to do more work? If it's the latter, that's something you control. Go in, do your job, take all your breaks, go home on time, don't do anything over your contracted time, and count down your days with a smile on your face. The only time I have been stressed in a job is when I liked the job, or I needed it - basically when I wanted, or needed to perform.

If they're harassing you, take it to HR and let them know that if it's not resolved, you will have no other option than to explore other avenues.

Gardening leave is generally used in situations where a staff member is going to a competitor or has sensitive information (or access to it), or they are in a dispute with the employer - it's up to the employer if they wish to use it and I have never heard of it being asked for (I know of a couple of instances where the employee said they were going to a competitor to get it!).

I will say that if possible, don't burn bridges as you never know when they come back to bite you.

April1234

@Idleater Thanks, I only have a few days of annual leave left so it wouldn’t cover the notice period.

@bucketybuck The reason I am not just quitting is because of the money.

If I leave now I won’t get any pay as the company in arrears and in advance so I have received my my pay to date.

It will be nearly the end of July before I get paid from the new job if I leave now.

The job I am in I have to complete a timesheet and the manager looks at this in detail so I have no option but to work. I can’t just sit back and put my feet up.

At the start of each day the manager wants to know what I will be doing down to the hour.

@RoboRat This person has been getting away with their behaviour for years. HR are doing nothing. I am just another added to the list of people who have left because of this person.

RoboRat

https://www.boards.ie/discussion/comment/120669371#Comment_120669371

I'm sure they would sit up and take note if you mentioned Constructive Dismissal - you may even get your gardening leave.

If you have made multiple complaints to HR, and they have ignored not only your complaints, but complaints from others, they wouldn't have a leg to stand on. If you have left this job due to bullying or harassment, then you could go down this route, that's why it's available. I would warn you to tread carefully and make sure you have everything documented. You also need to be aware that this is firebombing any bridge that may remain, but being honest, it's not as important now as a lot of companies don't give references anymore, they just validate that you worked for them for the time period on your CV.

Have a read of below - if they know about the situation, and agree you have a point, then mentioning this would make them take notice.

https://www.citizensinformation.ie/en/employment/unemployment-and-redundancy/dismissal/constructive-dismissal/#:~:text=More%20information-,What%20is%20constructive%20dismissal%3F,under%20the%20Unfair%20Dismissals%20Act.

thebourke

what is your job?

retroactive

Does the company name begin with P and end with WC?

ShatterProof

If he’s asks what you are doing for the rest of the day, tell him you’re going to do as little as possible because if you did nothing it might be a bit boring.

Purple Mountain

https://www.boards.ie/discussion/comment/120670015#Comment_120670015

Don't bother.

Op, you're leaving in a month.

Go in, do your work, grin and smile, take all your allocated breaks, use up any unspent annual leave, is there 2/3 days paid sick leave available you could take without getting a cert?

You know you are on the way out.

Empty your mind of the bully and just do your job without emotion.

If you weren't leaving in a month, I'd have very different advice bit you've already one foot out the door.