Discussion
I resigned recently and was placed on garden leave with immediate effect; my work laptop and work mobile phone was also taken from me.
My question is, can I go on abroad on holiday during this period of garden leave? The only thing that my contract states is "they be required to remain available to be contacted by the organisation", plus the usual spiel about how I can't do any work etc.
So long as I'm contactable, albeit on the other side of the world, what difference does it matter?
Normally when in doubt, I would ask HR, but in this situation I think I'd rather ask for forgiveness than punishment. What's the worst that could happen?
My question is, can I go on abroad on holiday during this period of garden leave? The only thing that my contract states is "they be required to remain available to be contacted by the organisation", plus the usual spiel about how I can't do any work etc.
So long as I'm contactable, albeit on the other side of the world, what difference does it matter?
Normally when in doubt, I would ask HR, but in this situation I think I'd rather ask for forgiveness than punishment. What's the worst that could happen?
3xAAA said:
I resigned recently and was placed on garden leave with immediate effect; my work laptop and work mobile phone was also taken from me.
My question is, can I go on abroad on holiday during this period of garden leave? The only thing that my contract states is "they be required to remain available to be contacted by the organisation", plus the usual spiel about how I can't do any work etc.
So long as I'm contactable, albeit on the other side of the world, what difference does it matter?
Normally when in doubt, I would ask HR, but in this situation I think I'd rather ask for forgiveness than punishment. What's the worst that could happen?
You are on leave, so it's nothing to do with them where you are. If you have a mobile signal, you've complied with their requirements. Enjoy!!My question is, can I go on abroad on holiday during this period of garden leave? The only thing that my contract states is "they be required to remain available to be contacted by the organisation", plus the usual spiel about how I can't do any work etc.
So long as I'm contactable, albeit on the other side of the world, what difference does it matter?
Normally when in doubt, I would ask HR, but in this situation I think I'd rather ask for forgiveness than punishment. What's the worst that could happen?
Racehorse said:
You could go but what happens if they say come into office?
Or what if there are data protection issues if you do any required work abroad?
My contract specifically states that I must not come to the office while on garden leave. I'm not allowed to speak with anyone else in the business, either.Or what if there are data protection issues if you do any required work abroad?
It legitimately seems that HR reserve the right to call my personal mobile/email address, but other than that it's a month off work paid.
I just want to check the PH consenus before I disappear.
k'em.Mr E said:
Formally, what does your contract say. You are still employed.
I totally understand the “what are their options” point
Have you actually read the opening post where the OP spells out what his contract says? Just in case, it says The only thing that my contract states is "they be required to remain available to be contacted by the organisation"I totally understand the “what are their options” point
I guess the worst that could happen is that they ring you up, ask you to come back to the office for something and you say 'yes, give me 2 days to book and get a flight and I'll be right with you'. The risk of this happening seems low, unless someone somehow knows you've gone on hols and HR feel a bit spiteful.
MickC said:
I guess the worst that could happen is that they ring you up, ask you to come back to the office for something and you say 'yes, give me 2 days to book and get a flight and I'll be right with you'. The risk of this happening seems low, unless someone somehow knows you've gone on hols and HR feel a bit spiteful.
You mean HR doing the dirty work of a spiteful manager as is often the case?3xAAA said:
I resigned recently and was placed on garden leave with immediate effect; my work laptop and work mobile phone was also taken from me.
My question is, can I go on abroad on holiday during this period of garden leave? The only thing that my contract states is "they be required to remain available to be contacted by the organisation", plus the usual spiel about how I can't do any work etc.
So long as I'm contactable, albeit on the other side of the world, what difference does it matter?
Normally when in doubt, I would ask HR, but in this situation I think I'd rather ask for forgiveness than punishment. What's the worst that could happen?
If they have an email and personal phone where they can reach you, then you are fine, of course you can go away. My question is, can I go on abroad on holiday during this period of garden leave? The only thing that my contract states is "they be required to remain available to be contacted by the organisation", plus the usual spiel about how I can't do any work etc.
So long as I'm contactable, albeit on the other side of the world, what difference does it matter?
Normally when in doubt, I would ask HR, but in this situation I think I'd rather ask for forgiveness than punishment. What's the worst that could happen?
Having taken your work access and devices away, the likely most you might be contacted for is a couple of questions. I can’t think of any instance in 15 years of Corporate HR where we have asked anyone back to the office to work again. I can think of a couple where we have asked a question for context/opinion.
Enjoy.
IMO, I’d be considering the following.
1) Are there any financial penalties for being out of the country and unable to get to the office within a few hours?
2) If you did go abroad, your current employer found out and they then sacked you, what would be the repercussions at your end?
3) Are you aware of others within your organisation who have been in the same situation. Have they been called back to the office?
But what I wouldn’t do is go mentioning this to your current employer as you can then be open to the risk of them calling you back into the office whilst you are mid-holiday, just for them to be awkward.
Enjoy your holiday
1) Are there any financial penalties for being out of the country and unable to get to the office within a few hours?
2) If you did go abroad, your current employer found out and they then sacked you, what would be the repercussions at your end?
3) Are you aware of others within your organisation who have been in the same situation. Have they been called back to the office?
But what I wouldn’t do is go mentioning this to your current employer as you can then be open to the risk of them calling you back into the office whilst you are mid-holiday, just for them to be awkward.
Enjoy your holiday
I've done it.
Only you know the exact contract terms & state of the relationship, but it sounds like there is a very low chance of them even contacting you. let alone wanting you back in the office. They've taken back your kit explicitly because they don't want you communicating with colleagues / customers / suppliers.
As long as you're prepared to cut short your holiday if required, then go for it. Any return requirement could be put off for a few days - I need tomorrow as holiday for personal reasons, but I can come in on Monday etc.
Only you know the exact contract terms & state of the relationship, but it sounds like there is a very low chance of them even contacting you. let alone wanting you back in the office. They've taken back your kit explicitly because they don't want you communicating with colleagues / customers / suppliers.
As long as you're prepared to cut short your holiday if required, then go for it. Any return requirement could be put off for a few days - I need tomorrow as holiday for personal reasons, but I can come in on Monday etc.
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