Advice needed!

[casperthecat]

Hello everyone.
I have been employed as a salon manager for the last 3 years.
After having problems with the actual owner being rude and us having an argument, I have been asked to not return to my position. She has told me that she will be taking over my role. I have been advised that my employment has not been terminated, but I'm not welcome back. However, she has said I will be paid for 2 weeks...I'm slightly confused as to where I stand! I haven't resigned, nor apparently been sacked! Where do I go from here?
Ive had no disciplinary action or reasons given...

[charitynjw]

Re: Advice needed!

Hi casperthecat & welcome to LB.

Is any of this in writing?
From what you've described it seems to be a form of 'Garden (or Gardening) Leave'.
If so the employer will need to continue paying you unless they terminate your employment, which will require a proper disciplinary procedure.
It is important that you make clear that you do not accept this as PILON (pay in lieu of notice).
Everything in writing, though......a paper (or email) trail might be needed later.

[casperthecat]

Re: Advice needed!

Thank you for your reply.
There is nothing in writing. I have literally just been advised (via text) to not come back, yet my employment hasn't been terminated....
She won't answer the phone to me, preferring to text. I've asked to be told of the reasons why I'm not allowed to return, only to be ignored. If my employment hadn't been terminated, I've had no disciplinary and I've not resigned, can this still be classed as garden leave? 😞

[charitynjw]

Re: Advice needed!

What is your employment status?
(This can be surprisingly difficult to define, but usually if the employer pays your tax & NI, it would be likely that you are an employee rather than self-employed).

[casperthecat]

Re: Advice needed!

Im employed by the company as a salon manager and have been for 3 years. Prior to this I worked for the same employer as a salon assistant. So I've been in continuous employment with the same company for nearly 5 years 😳

[charitynjw]

Re: Advice needed!

You should therefore have full employment rights including the unfair dismissal rights.
http://www.acas.org.uk/index.aspx?articleid=1797

Garden leave: This is where during their notice period an employee is not required to be present at work. While on garden leave, an employee should still receive their normal pay
Payment in lieu of notice (PILON): A contract of employment may allow you to pay your employee without having them work their notice. If there is not a provision in their contract allowing you to pay them without them working their notice, doing so will usually amount to a breach of contract. However, if you pay them for all the remuneration and any benefits they would have received had they worked their notice period, you may be able to successfully argue that they have been compensated for any breach. For more information, go to www.acas.org.uk/pilon.

http://www.acas.org.uk/index.aspx?articleid=5315