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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47399
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can you be placed on garden leave during a vacation period,

Resolved Question:

can you be placed on garden leave during a vacation period, also can you be required to be in a foreign country while on garden leave
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello does your contract state you can be placed on garden leave and also does it state you can be expected to be abroad as part of your terms and conditions?
Expert:  Ben Jones replied 1 year ago.
Hello, it is important to check your contract to see if there is a clause allowing the employer to place you on garden leave. If there isn’t one, doing so could amount to breach of contract. So you could challenge the employer on those grounds and state that in the absence of such a clause and without your consent they are acting in breach of contract.In relation to the vacation, if this was granted formally as holiday time (annual leave) the employer cannot take that away from you, in terms of cancelling it. However, they could send you abroad if this is allowed under contract, for example if you are employed on an expat assignment and in normal circumstances they can send you to do such work. But here the best argument would be that you should not be placed on garden leave in the first place if this is not allowed in contract.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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