Gardening leave
Discussion
puggit said:
I've just been placed on gardening leave as I'm leaving work to join a competitor.
One question...
Can I start work at my new place while I'm still technically under contract? How does it all work?
Edited to say: Yes, I know it's 2...
>> Edited by puggit on Friday 21st October 11:47
Depends on how tight the contract is. Friend of mine had to wait 3 months. Being paid the whole time mind.
Normally, the whole point of gardening leave is to hold you off working for the competion.
I'd get your current contract reviewed to see if it holds water. Depending on the propsed length of your "gl", and your terms, it may be better to come to an arrangement with current employers.
I'd get your current contract reviewed to see if it holds water. Depending on the propsed length of your "gl", and your terms, it may be better to come to an arrangement with current employers.
cotty said:
Normally, the whole point of gardening leave is to hold you off working for the competion.
They could do the same thing by making him work his notice. The idea is so he cant steal clients/business
Exacterly...hold him off, and not get up to date info
As stated by other it can be negotiated, will depend what business you are in.
I have always counted it as a godsend, 3 months to do nothing and get paid!.
Once an employer tried to force one year on me, saying it was in my contract (100 pages!) but only would pay for 3 months.
Told him to stuff it and sue me if he wanted to stop me earning a living after the 3 months.
Got one snotty solicitors letter from super duper solicitors meant to intimidate, I sent one back via equally super duper solicitors before they dropped it.
I have always counted it as a godsend, 3 months to do nothing and get paid!.
Once an employer tried to force one year on me, saying it was in my contract (100 pages!) but only would pay for 3 months.
Told him to stuff it and sue me if he wanted to stop me earning a living after the 3 months.
Got one snotty solicitors letter from super duper solicitors meant to intimidate, I sent one back via equally super duper solicitors before they dropped it.
kerfuffle said:
Wish I was on Gardening Leave, I start a new job in January but have to work my notice
My God man, you don't sound well. That isn't a nasty case of man flu is it?
I have a faster PH connection at the office, you dont think im actually doing any work do you. I sometimes work off site and trying to get a trip to Norwich sorted before I go. 3-4 days of living in a hotel on the company and all my meals paid for + expenses.
It's only 1 month's notice - which means it's not too much lazing around 
I'll have a good read up of the contract, and I'm about to speak to my boss, and then I'm off home!
New company want me in Paris for their annual sales-kickoff on 16th November, and that's fine as I resigned in time.
Mrs Puggit has lined up decorating one bedroom and ummm, gardening for me!
I guess I could use the time to learn Unix - I need it for the job
I'll have a good read up of the contract, and I'm about to speak to my boss, and then I'm off home!
New company want me in Paris for their annual sales-kickoff on 16th November, and that's fine as I resigned in time.
Mrs Puggit has lined up decorating one bedroom and ummm, gardening for me!
I guess I could use the time to learn Unix - I need it for the job
Garden leave has to be negotiated. During your standard notice period they 'own' you, but they can't do anything beyond that that might restrict your earnings or damage your future earnings potential (all bound up in various human rights acts). So, if they'd rather you weren't working for the competition until, say, the end of the year, they'll need to agree some compensation for you. If you can't agree, tell them to stuff it and join your new employer.
When my colleague left this company to join a competitor, our employer waved the non-compete agreement under his nose. My colleague got a bit scared, so waved it under a solicitor's nose, who almost wet himself laughing and said to just bin it (didn't even charge him for the consultation!).
Good luck in your new job!
When my colleague left this company to join a competitor, our employer waved the non-compete agreement under his nose. My colleague got a bit scared, so waved it under a solicitor's nose, who almost wet himself laughing and said to just bin it (didn't even charge him for the consultation!).
Good luck in your new job!
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