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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47397
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been made redundant and told that I am on "gardening

Customer Question

I have been made redundant and told that I am on "gardening leave" for the remainder of my contract (3 months). This affects the whole of the specialist team in which I work (all have been made redundant). I have verbally agreed that I am happy to complete a few bits of specified work. However, since I have been made redundant a purchase order agreement has been recieved from a client for a new piece of work (which can only be undertaken by my team). The company says that we are required to do this work as whilst on "gardening leave" we are still employed and therefore required to do the job for which we were employed. I feel this is unfair as I have did not agree to undertake any "new" work, and think that gardening leave should be time for me to seek alternative employment. Have I got a case against the company to avoid doing this work?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there?

JACUSTOMER-bivjjcji- :

I will have worked there 2 years and 1 month by the time my notice period is up on 2nd August.

Ben Jones :

Thanks for your patience. When you are placed on garden leave, you are indeed still an employee of the company and the employer is perfectly entitled to expect you to undertake any contractual duties and responsibilities you have. It is not a time when you are officially allowed to seek alternative employment, although you are free to do so if you want to. Therefore, as long as the employer's requests are within the conditions of your contract of employment, they can certainly ask you to undertake them during your garden leave period. However, if they go beyond what you are contracted to do, you can resist these requests and challenge the employer over them

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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