What Rights Do I Have During My Notice Period?
Your legal rights and responsibilities during a notice period remain the same as before your notice was given. This means that even though your employment is coming to an end, both you and your employer must continue to adhere to the terms of your contract.
If you have been given notice, your contract likely requires you to work during this period. If you choose not to, for example, by starting a new role immediately, your employer may not be able to enforce this. However, leaving without working your notice period could:
- Impact your reference.
- Result in forfeited pay for any days you are unavailable to work.
Can My Employer Put Me on Gardening Leave?
Yes, employers often include a gardening leave clause in employment contracts, allowing them to:
- Prevent you from working elsewhere during your notice period.
- Require you to stay away from the workplace while continuing to receive full pay.
Even without a specific clause, your employer can place you on gardening leave since their primary obligation is to pay your wages, not to provide you with work. Exceptions, such as the need for training, are rare.
Do I Have the Right to Request Gardening Leave?
No, you do not have a legal right to gardening leave. If your employer insists that you continue working your usual role and hours during your notice period, they are entitled to do so. Refusing to work may lead to dismissal and the loss of wages for the period you were unwilling to fulfill your contractual duties.
What If My Employer Bullies Me During My Notice Period?
Bullying during the notice period is treated no differently than bullying at any other time during your employment. If your employer’s actions breach legal protections, you can take appropriate action. For example:
- Offensive remarks about your religion or other protected characteristics may constitute discrimination.
- Failure to pay for agreed overtime could result in a wage claim.
However, general comments, criticisms, or even behaviour that could be perceived as bullying may not necessarily breach your legal rights unless they fall under discriminatory or other unlawful conduct.
What If I Am Dismissed After Resigning?
Your rights to claim unfair or wrongful dismissal during your notice period remain unchanged. To claim unfair dismissal, you must meet the minimum qualification period of employment (usually two years). If dismissed:
- Your compensatory award will likely be limited to the remainder of your notice pay, as your employment would have ended anyway.
- Many employers choose to pay notice pay in lieu of requiring you to work.
Am I Entitled to Additional Payments Before I Leave?
Yes, you remain entitled to:
- Holiday pay accrued during your notice period, even if you are on gardening leave.
- Any other contractual entitlements, such as bonuses, unless your contract explicitly limits them after resignation.
For example, if your contract states you are ineligible for a bonus after resigning, you must still receive at least the minimum wage. Absent such a clause, your bonus entitlement continues as normal.
Key Takeaways for Employees
- Your rights and responsibilities during your notice period are largely the same as before.
- Employers may place you on gardening leave, but you cannot demand it.
- If you face bullying, check whether it breaches any legal protections.
- Ensure you receive all payments owed, including holiday pay and contractual bonuses.
Contact Parachute Law today for expert guidance
