Gardening leave, what constitutes being available?

Gardening leave, what constitutes being available?

Author
Discussion

Saddlebag

Original Poster:

147 posts

165 months

Wednesday 23rd November 2011
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So, on gardening leave for 3 months after resigning. Been told that pay, car, fuel card etc are all still OK to be used, and that I must be contactable (even though I have had to hand in laptop and phone) and available for work, should they decide thats what they want.

So what does that mean? Do I have to stay at home all the time? What if I am out miles away and they call at 10 and want me in?

Clearly I want to visit friends and go to trackdays-I dont want to be waiting by the phone for 3 months!!!

zaphod42

50,704 posts

156 months

Wednesday 23rd November 2011
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Just enjoy it.

My last gardening leave was during the Ashes in 2005 - great summer. I think they only called me once.

Sir Bagalot

6,508 posts

182 months

Wednesday 23rd November 2011
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It means you can't work for anyone else, and I would reasonably expect calls to be returned within 24 hours

0a

23,905 posts

195 months

Wednesday 23rd November 2011
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Lucky bd - enjoy it smile

anonymous-user

55 months

Wednesday 23rd November 2011
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My brother had 6 months leave, made a bit of money on ebay due to free fuel and an estate. it keeps you busy. I know people who are 12 months notice...

zaphod42

50,704 posts

156 months

Wednesday 23rd November 2011
quotequote all
Paddy_N_Murphy said:
If Carlsberg arranged job changes biggrin
Yup, it was epic... between the Ashes, getting up at 10am every day and taking several short breaks to the Alps it was epic (they had a Swiss office that I figured I could be in within 24hrs).

Hybrids

838 posts

244 months

Thursday 24th November 2011
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Your lucky
I handed my notice in at the end of Oct and they are keeping me for the full 3 months

They want me to remain professional, yet they are trying to get me to take unpaid holidays between Christmas & New Year due to "no customers will want to see you then" (I have already used my holiday entitlement)
My line manager/sales director will no longer take my calls, will only communicate via email and my admin days that were home office based now have to be carried out at Head Office...

Enjoy your 3 months and do a lap for me !

NorthernBoy

12,642 posts

258 months

Thursday 24th November 2011
quotequote all
Hybrids said:
Your lucky
I handed my notice in at the end of Oct and they are keeping me for the full 3 months

They want me to remain professional, yet they are trying to get me to take unpaid holidays between Christmas & New Year due to "no customers will want to see you then" (I have already used my holiday entitlement)
My line manager/sales director will no longer take my calls, will only communicate via email and my admin days that were home office based now have to be carried out at Head Office...

Enjoy your 3 months and do a lap for me !
That's taking the piss. "you have to work our notice, but we'll not pay you or bits of it". I hope that you politely declined that offer.

Puggit

48,520 posts

249 months

Thursday 24th November 2011
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Apparently attending my new company's HQ in Paris does not constitute being available wink

louiebaby

10,651 posts

192 months

Thursday 24th November 2011
quotequote all
Expecting 2 months gardening leave, I lined up a whole load of DIY, and got my push bike serviced ready for long rides in the winter sunshine.

Then I got told I had to work it.

Luckily, the HR department had mucked up my contract and I only had to work 1 month, but it was mighty boring.

As I handed over my work to others over the month, my posts per day on PH went up incrementally. Working / clockwatching to rule was nice though. 8am - 4pm every day, instead of 7am - 5 or 6pm was a pleasant relief.

For the OP, as far as I would be concerned, you need to have a charged mobile with you all the time, and be able to get to the office for the next working day. I would get this confirmed in writing by the HR department.

With a free fuel card and a car, most of the UK is not more than a days drive away, it's just a shame it's not camping weather. Go exploring. smile

Puggit

48,520 posts

249 months

Sunday 27th November 2011
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swerni said:
Puggit said:
Apparently attending my new company's HQ in Paris does not constitute being available wink
You moved again ?
Nope - still at the same place smile

That's when I left the Evil Machine Co.

mph1977

12,467 posts

169 months

Sunday 27th November 2011
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louiebaby said:
<snip>

For the OP, as far as I would be concerned, you need to have a charged mobile with you all the time, and be able to get to the office for the next working day. I would get this confirmed in writing by the HR department.

With a free fuel card and a car, most of the UK is not more than a days drive away, it's just a shame it's not camping weather. Go exploring. smile
While not Gardening leave to quote from a suspension letter I saw " we may need to contact you as part of the investigation , please ensure we have your contact details from 0830 -1700. Should it be necessary to meet with you you will be given at least 2 days notice ..."

so as has been suggested having a working mobile with you when away from the house and expecting some (day or two)notice if you have to go in seems to be par for the course.

NDA

21,661 posts

226 months

Sunday 27th November 2011
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I'm not a lawyer..... however.....

I've put a few folk on Garden Leave over the years and it's basically to keep them away from customers and staff while they work their notice (as I'm sure you know). Within the Terms & Conditions of Employment Contract, it should give some guidance, 'reasonable notice' is the normal phrase. 48 hours might be reasonable for some companies - hard to be precise what 'reasonable' means.

Are you due any holiday?

I would be careful about knobbing off on holiday, you are still a paid employee. smile

As above, make sure your phone is on if you decide to roam!


mondeoman

11,430 posts

267 months

Monday 28th November 2011
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You're still legally working for them, so your contract of employment still applies: you have to be available for work during normal working hours. Which means being within reach of a phone and within normal reach of the office if they decide to call you in. Its called gardening leave for a reason, not "fk off and do what you want" leave: they're still paying for your time remember.

Personally I'd just make sure that you give them a mobile, and just get on with my life - DIY, days out, whatever floats your boat. Just be prepared to stop what you're doing if the phone rings and they want you back in the office.

Have to say though that it is VERY unlikely that they will call you at all and most likely will give you several days notice. Best thing ot do is have a chat with HR and see what they say.

Saddlebag

Original Poster:

147 posts

165 months

Tuesday 29th November 2011
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Had my letter stating the facts.

Now on garden leave until the end of Feb, I will NOT be required to carry out any work, must not attend place of work or contact suppliers/clients etc etc.

Am more relaxed now-thanks for all the replies chaps.

Work begins on doing all the jobs the cars need doing tomorrow!

NDA

21,661 posts

226 months

Tuesday 29th November 2011
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swerni said:
Go on then, why is it called garden leave and what is it meant to mean?
What if you live in an apartment? wink
That's Window Box Leave.

Honest.

Rude-boy

22,227 posts

234 months

Wednesday 30th November 2011
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swerni said:
You would have though they would use a more meaningful term for it.
"Go and sit at home and don't touch any of our clients for the next 6 months whilst you get a little rusty before you move to your new job with our competitor and as we are paying you to sit on your butt all day we still expect to be able to call you into the office on 24 hours notice so that you can explain something to us if required or if we just feel like pulling your chain and checking you haven't skipped off to the states for a jolly leave." Just doesn't have the same ring to it though does it?