Getting rid of Hughes whilst avoiding a big payout

[Del]

You dont need to have a reason you dont even have to have a garden just pay them their wage and ask they stay away from the workplace.

[Steve-o]

Think bolton put megson on gardening leave as he wanted the money in his contract and wasnt bothered about finding a job whereas coyle negotiated a complete severance package so he is free to find work which i assume means he took less cash but calculated finding work quickly was more important

[jmelanie]

What rights and restrictions is the employee subject to?

Whether an employer can send an employee on gardening leave usually depends on whether the contract of employment contains a term to this effect. It is preferable for an employer to include a separate and express garden-leave clause within contracts of employment. This may be in addition to restrictive covenants, which restrict employee’s activities once the contract has been terminated.

Whilst an employee is on gardening leave, he may be subject to the following rights and restrictions:
•he may not be required to attend work or undertake any work;
•he is still subject to the terms of his employment contract;
•he is still subject to contractual duties, such as a duty of confidentiality and must maintain obligations such as good faith;
•if requested by the employer, the employee must return to work during the gardening-leave period;
•the employee is still entitled to full pay and any company benefits, including bonuses;
•he may be required to take any outstanding annual leave
•he may be prohibited from contacting any clients, customers, suppliers or contacts of the employer without prior consent;
•he may be prohibited from working elsewhere or commencing employment with a new employer or on a self-employed basis during the garden-leave period; and
•he may not be allowed to make any statements in respect of the employer to the media.



In addition, the employer can, in some circumstances, require the employee to carry out work which is different from the duties they normally carry out; or appoint someone to carry out their duties for them (at their discretion).

If an employee has been put on gardening leave and feels that it is unfair or breaches the terms of their contract of employment, they may wish to seek legal advice. They may also wish to seek advice on what activities they can undertake during gardening leave without breaching any terms of their employment contract or the terms of their gardening leave.

If you are an employer, you may wish to seek legal advice on the drafting of a garden-leave clause within a contract of employment in order to ensure that it is enforceable; and also for advice on the operation of such a clause when dismissal of an employee is contemplated.

[djp]

Just employ a Director of Football who can then attempt to offload as many of these mercenaries in January as possible, only sign up and coming players who want to prove themselves, we will be better off for it in the Championship next season. Hughes will soon get sick of being dictated to and probably walk.

[surreyranger]

MH could hold up the new LCD in west paddock by the food counter and Mark Bowen could put the screws in the wall. Something for them to do.

[Steve-o]

How about they sack Bowen so Hughes has to take training, the payout would be alot smaller and we all know Hughes will go into melt down if he is removed from his mates

[QPR Richard]

I wouldn't trust Hughes to clean the khazis!

[Del]

I wouldn't trust Hughes to clean the khazis!

To be fair he's had a lot of practice recently dealing with a load of sh1te.