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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44885
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I'm a disabled employee. I was sent home on garden leave

Customer Question

Hi. I'm a disabled employee. I was sent home on garden leave pending investigation of my conduct. Could this be classed as being fair dismissal as it states in our company handbook garden leave is when notice is served?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello how long have you worked there for and are you sure t is garden leave rather than just being on suspension?

Customer: replied 1 year ago.
I have worked there three years. They Iater changed it to suspension saying that the terms mean the same thing. But in our handbook it states that they are different
Expert:  Ben Jones replied 1 year ago.

They are different terms but it does not make any difference to your position to be honest. Garden leave is indeed something which happens once you are on notice of dismissal or resignation. It means you do not come into work for the notice period and get paid as normal. Suspension means you are also not asked to come into work and get paid in the meantime. So the outcome is identical. The employer may have become confused between which term to use but as you can see your position remains the same. So as long as they corrected their error and advised you it is suspension rather than garden leave then there is really no issue with this and it makes no difference to what happens to you.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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