In this article, Trainee Solicitor, Chelsea Jeffs outlines everything you need to know about non-molestation orders.
Have you decided to leave your job? The first thing you must do is check your contract to see what notice you need to give your employer. The notice period is the time that you are required to work for the company after you have informed them in writing of your intention to leave. Details will be found in your contract of employment.
"If you are working in an industry that is competitive and want to go and work for a rival company or set up your own business in the same area of work, you may be told by your employer to take garden or gardening leave," explains Paul Burton, Head of the Employment Team. This is the practice of forcing an employee who has resigned (or who is being dismissed) to stay away from their workplace during the period of their notice. This is usual when the employee is going to work for a competitor or there is a danger that they may take custom or customers away from their previous employer.
There are alternative uses of garden leave that may arise when:
- An employee is subject to a disciplinary procedure and is sent home until it is resolved
- A period when an employee is between live projects
- If the presence of the employee at work is likely to hinder other colleagues or the company, for example, involved in a scandal and may be subject to adverse publicity
You are afforded the same payment rights during garden leave as if you were going into work every day.
Our Employment Team, based in Christchurch, also cover Bournemouth, Poole and the New Forest. For a free initial chat, please call 01202 499255 and Paul or a member of the team will be happy to discuss any questions that you may have.