Making sure to get put on gardening leave

Making sure to get put on gardening leave

Author
Discussion

blade runner

Original Poster:

1,035 posts

213 months

Wednesday 1st October 2014
quotequote all
A bit of advice needed...

Been with current employers for 17 years. Company recently taken over by new owners and to cut a long story short, I've basically had enough of the way it's now being run and intend to resign, even though it's highly likely I'd be made redundant at some time next year anyway when they move the business to Germany. I have a new job lined up (not in the same industry) that I can start pretty much straight away if required. I don't have an employment contract with my current employers, though the company handbook states 3 months notice period for someone at my level.

My ideal scenario would be to resign and get put on gardening leave for three months, as I'd like to feel like I'm getting something for the 17 years I've invested. Was planning to write a resignation letter stating what I think about the way the company is being run as the reason for my resignation but also to make it obvious that I'm probably not a good person to have hanging around the office for the next three months, in the hope that I get put on gardening leave. I assume as long as I am careful with my wording, there is no reason why I could be sacked for just stating my opinion? Any other advice anyone can offer as to the best way to go about resigning to ensure I get my notice paid without me needing to work it?

blade runner

Original Poster:

1,035 posts

213 months

Wednesday 1st October 2014
quotequote all
Shaoxter said:
If your new company is not in the same industry then why would your current employer put you on gardening leave?
Hopefully just because they don't want an unproductive, dissatisfied and potentially disruptive manager in the office for the next three months. Surely I anyway don't have to tell them who my new employer is? I could just refuse to tell them and they may assume that it's a competitor from my refusal to discuss. I'm not too worried about getting a future reference from my current employer so can afford to be an annoyance to some extent.

blade runner

Original Poster:

1,035 posts

213 months

Wednesday 1st October 2014
quotequote all
vescaegg said:
Would you really sit around being unproductive if they made you work your notice and we're still paying you? rolleyes
In all honesty probably yes. All the middle management have been very badly treated since the company ownership changed. Some were offered a deal to resign with a decent pay off because they weren't seen as signing up to the new direction, while others (myself included) have stuck it out for a while in the hope that things might change. The situation is so laughable now that people are starting to walk on their own as there is zero confidence that the business will even survive much beyond the next year. As a few managers have had decent pay offs and been granted gardening leave, I'm just trying to engineer a position where I can get a similar deal. I don't mind if my statements are viewed as petty so long as they have the desired effect. As previously said, I don't need to worry about references.

blade runner

Original Poster:

1,035 posts

213 months

Wednesday 1st October 2014
quotequote all
Defcon5 said:
If you have been there 17 years can't you wait to get made redundant before leaving?
Of course that would get me a much better pay-off, but I don't think that's likely to happen until this time next year and my new employers won't wait that long. The new position is too good an opportunity to pass up, so it's a case of getting out by the end of the year. I have some sense of entitlement (which may be right or wrong) because I've been there so long and been so poorly treated under the new ownership, but if push came to shove I'd be quite happy to just resign and work my 3 months notice if that was required.

blade runner

Original Poster:

1,035 posts

213 months

Friday 3rd October 2014
quotequote all
Muzzer79 said:
OP, I'm not sure why you think you're "entitled" to gardening leave just because, you've worked there a long time......confused

If you hate everyone and everything, just resign and ask for a month's notice or even less and go to your fantastic new job?
My motivation is to get at least something back for being so poorly treated by the new owners despite 17 years of service with a faultless record. If I really wanted to screw every last penny out of the company, I could do what others with long service are doing and just hang around doing very little until redundancy is offered when the business moves to Germany. If I did that I'd get a tax free lump sum + full pay for 3 months notice without being expected to work it, so financially I'd be far better off.

I'm out of a job whatever happens because the new owners have placed absolutely zero value on anyone currently working in the UK office. They want people to walk of their own volition so they can get out of paying redundancy and have made the working environment deliberately difficult to engineer as much natural wastage as possible before the move. As I see it, I'm doing them a favour by going of my own accord now as it will save them a big redundancy bill later on. The least they can do is pay me my notice period without expecting me to work it, as we both know I'm not going to be at all productive during this period anyway.