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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just been put on Garden leave for 3 months and the company

Resolved Question:

I have just been put on Garden leave for 3 months and the company have requested I return my company car and mobile phone, is this correct?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract say anything about this?

Customer:

No, I have no Garden Leave clauses.

Ben Jones :

Were the car and phone only used for business use?

Customer:

No, I use both for private use, I pay tax on the car and the fuel card.

Ben Jones :

During garden leave you continue to be an employee of the company and should also continue to enjoy all contractual benefits you are entitled to, especially if they are as a result of you paying for them, such as paying tax on the car. It is possible for certain benefits to be removed during a period of garden leave but that would need to be specifically mentioned in your contract, because otherwise the employer could be acting in breach of contract if they try to remove a contractual benefit without the explicit right to do so. In fact technically the employer is also acting in breach of contract by placing you on garden leave without there being a clause allowing that but this is not such a big deal, what is more important is that you are being deprived of contractual benefits when the employer does not have the contractual right to do so.

Customer:

Ben, that is very helpful, thank you

Ben Jones :

you are most welcome

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