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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46224
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have recently put an employee on gardening leave for 4 weeks,

Resolved Question:

We have recently put an employee on gardening leave for 4 weeks, is he still allowed to go to a client Christmas Party? and if not what is it we can do to stop him from attending?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is there anything in his contract that deals with such situations?
Customer:

nothing specific

Customer:

we have advised him that its not appropriate, but I was wondering if there was anything legal we could say

Ben Jones :

Hi sorry I was offline by the time you had replied. A formal gardening leave period will generally be subject to the specific terms in a garden leave clause and there could be a list of restrictions in there that deal with the options during that period. However, this may not be a detailed or exhaustive list so it could sometimes be down to the employer to introduce additional restrictions as necessary. The law is not very clear on this so there will be potential disputes but you can state that as a garden leave period is specifically designed to restrict the exposure of employees to clients, customers or suppliers or to fellow employees during their notice period then it is a reasonable request that they do not attend a client’s party during their garden leave period. You can also remind them that failure to adhere to such a request could amount to a disciplinary matter so it is best for all parties concerned if he does not attend.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

cool great

Customer:

answered my question

Customer:

he didnt turn up anyway!

Ben Jones :

ah ok good, you are welcome and all the best

Customer:

can you close the session so I can pay you

Ben Jones :

should be able to rate now, thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46224
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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