Getting another job whilst on "gardening leave"

[slapmatt]

What is the legal situation with this?

Ignoring the tax implications, can you start another job whilst on gardening leave from your exiting position - assuming you've been put on gardening leave for the duration of your notice period.

I only ask as the last guy to hand his notice in here was asked to leave on the day, rather than serving out his notice - there were extenuating circumstances, he touched the wrong bum, but I'm sure that can be arranged for me too

[jacksdad]

IIIRC

If you accept pay for the period then you are deemed to be working, thefore without prior permission or contrat exception then you cannot take on another role. If no pay changes hands then you are free to do what you like.

Or, just make sure the old employer doesnt find out...

[alexkp]

In the case of many sensitive positions, the moment an employee hands in their notice the company no longer wants them on site. It's usually not personal.

I don't see any major prob with doing a bit of work while on gardening leave.

[jimothy]

Part of the purpose of Gardening leave is to stop you working for another company. Not sure how much legal trouble you can get into for working whilst on this leave. Probably not worth it, just relax and enjopy the time off.

[slapmatt]

The problem is I want to leave my permanent job and get contracting work, but it's catch 22.

I can't get a contracting job, as I'm on a months notice - and I can't hand in my notice, as I've yet to get another job.

I thought gardening leave might be the solution, as I'd effectively be getting paid to find another job - but it appears not to be.

[soir]

have a word with the contracting agency you have in mind (or employer if direct) you could in theory just get paid for it a month or two later (so it looks like you started work after notice expired) - i.e. bill them for the work a month later...

[skibum]

slapmatt said:

The problem is I want to leave my permanent job and get contracting work, but it's catch 22. I can't get a contracting job, as I'm on a months notice - and I can't hand in my notice, as I've yet to get another job. I thought gardening leave might be the solution, as I'd effectively be getting paid to find another job - but it appears not to be.

Doesnt stop you lining up the work whilst you are on the gardening leave and enjoying your paid holiday with your feet up - especially if you find something in your first week, you get to enjoy the rest of the garden leave period with total security. If its a bouyant Contract market and work is easy to come by, then its a win win.

[Ali_Kat]

Have found it tends to depend on the industry.....

If you are leave one firm to join a rival, they they have a case to stop you from working there whilst on 'gardening leave' but if you are moving to something different, although they may not be happy about it, they don't really have a case to argue it.

Is there anything in your contract about it? My last company had a clause in their contracts forbidding us to work for their "suppliers/customers" for 3 months after we left their employ.

[deckster]

Just do it. What are they going to do - sue you? Even if you technically breach your contract they would have to show direct financial loss from your working which would be more-or-less impossible to prove. Whenever I've changed jobs I've agreed a leaving date (almost always before the official notice period ends) and gone to the new job the next working day.

[ChrisOB1]

soir said:

have a word with the contracting agency you have in mind (or employer if direct) you could in theory just get paid for it a month or two later (so it looks like you started work after notice expired) - i.e. bill them for the work a month later...

The contracting agency will not care and will tell you that you can and you will just pay emergency tax for a while.... If you are on gardening leave then it is against the law as you are under contract by you previous employer until you finish date. If caught they can demand back all payments made to you in that period plus expenses (which can be hiked considerably) plus it is also "recieveing money by deception" which can carry a custodial sentance.

I would just enjoy the garden leave and start work legit when you have finished!

[JonRB]

slapmatt said:

The problem is I want to leave my permanent job and get contracting work, but it's catch 22. I can't get a contracting job, as I'm on a months notice - and I can't hand in my notice, as I've yet to get another job.

As you've probably already realised, when you contract it is quite usual to specify the date when you will next be available. For permies this is impossible because it's not fixed due to being a notice period rather than a fixed date.
I guess you're thinking along the lines that as soon as you're on Gardening Leave you have a fixed date, so problem solved?

Be warned though that although some clients do plan ahead and have start dates several weeks in the future, many want someone to start almost immediately so things don't usually start hotting up until only a couple of weeks from your availability date.
On my current contract I had a telephone interview on a Friday, client decision on the Monday and started on the Tuesday, but that's pretty abnormal. Normally there is a week or so between interview and starting.

Despite what most agents will tell you it is not impossible to get a contract where the client will wait for a notice period to expire. It's just you're massively limiting your options if you do as many clients won't be prepared to wait. Some will though, so if you really do want to get a contract before you hand in your notice then it is possible. However, the thing you need to remember about contracting is that although the rewards are potentially higher so are the risks. If you're uncomfortable with taking the risk of handing in your notice before getting your first contract then perhaps contracting isn't for you? (I mean that in the nicest way possible)

>> Edited by JonRB on Friday 10th February 17:02

[deckster]

ChrisOB1 said:

The contracting agency will not care and will tell you that you can and you will just pay emergency tax for a while.... If you are on gardening leave then it is against the law as you are under contract by you previous employer until you finish date. If caught they can demand back all payments made to you in that period plus expenses (which can be hiked considerably) plus it is also "recieveing money by deception" which can carry a custodial sentance.

Almost every word of that is wrong, apart from the bit about emergency tax. Sure, if you're supposed to be working out your leave then you can't do two jobs at once but as I said, your previous employers would have to show actual financial loss before they could get a penny out of you. As for going to prison - get real.

[monkeyhanger]

You'd be a fool to turn it down if your present employer has given you written notice.

[JonRB]

deckster said:

Almost every word of that is wrong, apart from the bit about emergency tax. Sure, if you're supposed to be working out your leave then you can't do two jobs at once but as I said, your previous employers would have to show actual financial loss before they could get a penny out of you.

Emergency tax code? You obviously have a fundamental misunderstanding about contracting. You're not employed by the agency (unless they're acting as an Umbrella Company) so tax codes don't come into it.

[deckster]

JonRB said:

deckster said: Almost every word of that is wrong, apart from the bit about emergency tax. Sure, if you're supposed to be working out your leave then you can't do two jobs at once but as I said, your previous employers would have to show actual financial loss before they could get a penny out of you. Emergency tax code? You obviously have a fundamental misunderstanding about contracting. You're not employed by the agency (unless they're acting as an Umbrella Company) so tax codes don't come into it.

Well I've been contracting for five years so I hope I have some idea Maybe 'emergency tax' was the wrong phrase but it's far from unusual for your first PAYE return to be wildly over the top due to the lack of proper paperwork from your old employer. In fact I can't remember a single year when I've not got a whacking refund from Gordon, but maybe that's just because my accountant is useless.