Can I work during garden leave?

movilogo

I have been made redundant and company offered me 3 months of garden leave.

Can I take another job during this period? Do I have to inform my existing employer [from where I've been made redundant but still on their payroll for next 3 months]?

I don't have to visit my current employer's office during my garden leave.

Is there any chance that they can find my new employment [if I manage to get a new job]? And if they do, what consequences I can face?

littleredhen

i googled this for you

GARDEN LEAVE

“Garden leave” is the term given to a situation whereby an employee is required to serve out a period of notice at home (or “in the garden”). During this period the employee continues to receive all salary and benefits but is prohibited from commencing employment with new employers until the gardening leave period has expired. It is a practice which employers often adopt with employees who have a certain status whereby they have access to confidential information or customers and where they are leaving to join a competitor. During the gardening leave period the employee’s access to such information or customers is either restricted or denied.

SomeBozo

Usually working for another employer during gardening leave is a breach of your contract, so double check before you do it.

BOzo

HO87

The above are entirely correct. You are still employed (the fact that your emplyer has waived the necessity for your to attend is irrelevant from a legal POV) and were you take up another job you would (in all likelihood) be in breach of your existing contract of employment unless there is a specific examption written into it - which is, frankly, unlikely. Were you to breach your existing contract this would impact both on your entitlement to redundancy pay and the salary you are receiving at the moment and could well render you liable to dismissal. If you have been offered a position with another company I recommend that you examine your financial situation carefully to ensure that by taking it you are not going to lose out. If you are stuck contact your local CAB they will almost certainly be able to work it out (with your more detailed info) down to the last penny. If the new position is very attractive and you are anxious not to oblige the company to wait (which they may or may not be prepared to do - Have you mentioned this to them?), you could approach you current employer and negotiate a mutually convenient compromise.

Presuming that you meant "find out about" as opposed to "find" - there is evry chance they will given that you will need your P45 to give to your new employer.

Moglie

I think the point of garden leave is that you do not work anywhere else otherwise they would have just paid you 3 months notice instead wouldn't they?

mrblah

I am about to start Garden Leave with my current company. It is a UK company HQ in US but my contract is with the UK entity (not US company) since I was transferred as a permanent full-time employee. However I am a US citizen moving back to the States. Can I start working for another company in US before the end of my Garden Leave in UK?

DVardysShadow

mrblah wrote: »

I am about to start Garden Leave with my current company. It is a UK company HQ in US but my contract is with the UK entity (not US company) since I was transferred as a permanent full-time employee. However I am a US citizen moving back to the States. Can I start working for another company in US before the end of my Garden Leave in UK?

Oh, good question. What are you receiving from your employer during garden leave?

getmore4less

You need to check your contract carefully.

You are looking for conditions
1. That apply while you are doing contractual hours.
(most of my contacts have some exclusive mention)
2. Any restrictions from any other work at any time, fairly common is only with permission
(Many people just ignore these)

There is nothing legaly other than your contract that I know of that stops you getting paid by two employers for the same hours.

UK employment does have some implied terms of mutual trust that could apply but as long as you are available if required then I don't see a problem, new employer may not be too happy though and their terms may exclude other employment.

What happens if you employer ask you to return to work for some of your notice which they could do?