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by Closi 1465 days ago
In the UK, if you place an employee on garden leave immediately there is a legal argument during tribunal that the redundancy was predetermined (and thus unfair).

You mentioned that "they are entitled to learn why and what has been done to try to keep them", but actually it's much further than that - they are entitled to be part of the conversation and to propose alternatives to the dismissal which the company is legally obligated to consider.

As an example, if the redundancy proposes to make a team redundant and split that teams responsibilities across other teams, the consultation might raise that the team being made redundant could take on additional responsibilities and down-size as an alternative which could result in fewer redundancies. Similarly, employees could suggest an initial round of voluntary redundancies first to reduce the people impact (particularly if there are employees nearing retirement age). The employer is legally obligated to genuinely consider these alternatives, however if the action was taken immediately to disband the team and place employees on gardening leave it is much more difficult for them to argue that the consultation was 'genuine'.

If a genuine consultation is not held, where alternatives are listened to and genuinely considered, this could then be brought to an employment tribunal and could open them to unfair dismissal claims.

1 comments

Maybe only a few countries allow to terminate and put on garden leave immediately, I'm not talking about them. There's always some procedure that ensures that dismissal is fair and justified: when this procedure is concluded and there's no other option found but to fire, the employee should not be entitled to work until contract is terminated - they can be put on the garden leave and in that case their access should be terminated, the equipment they used can be sold etc.
It's quite common in the UK for an employee to work their notice period after redundancy has been announced / consultation has been concluded (e.g. to allow for a handover of the role to respective teams).

Garden leave is not a necessity (particularly if you have structured your company so a single employee cannot go too rogue regardless - if a single bad-apple employee can take down coinbase then they have bigger systemic risks!).