How to get Gardening Leave

KiKi

Thurrock wrote: »

I suppose what Im asking is, If i point out the risks of me staying and finding information my company would not like there competitor to see they are more likely to grant me gardening leave but would this be seen as very unprofessional?

They *might* suggest it, *if* they feel your role warrants it, when you tell them what you'll be doing. But it's not your call - a company which is that big is perfectly capable of assessing roles, risk, and whether or not such information will destroy them.

Quite why you feel you need to tell them is beyond me. You will look stupid for trying to tell them their job, and you will come across as someone wanting paid leave - which is exactly what you're after.

TBH, if you came to me and pointed out what you knew and how it might be seen in another job, I'd see you as a) someone trying to get paid leave or b) someone who had no ethics or morals in they way they work and HIGHLY unprofessional. Either way, I wouldn't grant it simply because you were trying it on (unless you were really that important. It's unlikely you are).

If you hand in your resignation, mentioning where you're going to, then it's up to the company to make a call on whether you're important enough to warrant Garden Leave. But to 'try and get it' is ridiculous; you will look highly unprofessional. It won't be your boss' call to make - putting anyone on paid leave will be an assessment of the role and the individual, and is a corporate decision.

KiKi

heretolearn_2

I can't quite believe I'm reading this.

You want to blackmail your current employer into giving you garden leave by threatening to hand out confidential information to their rival (who you are joining) if you don't.

Try that with me and see many seconds it takes for your !!! to be out the door and you to be dismissed on a gross misconduct charge, even if you had just handed in your notice, you'd still be out. No notice, no nothing.

I find this whole thread despicable.

suicidebob

Thurrock wrote: »

I suppose what Im asking is, If i point out the risks of me staying and finding information my company would not like there competitor to see they are more likely to grant me gardening leave but would this be seen as very unprofessional?

And this is the sort of person that works at management level?? :eek:

Tiddlywinks

You are about to work for a competitor - what does your contract say about such a move? Are you able to make future contact with your current client base? I'd be surprised if you were.

Your current employer will want to ensure that its interests are protected as a result of this move. If that requires your isolation from the business then they will send you home.

As a manager, you should already know the answers to these questions - this knowledge should have informed your decision to move (or not) to a competitor.

Thurrock

Im sorry I seem to have offended a lot of people. I havent suggested blackmailing anyone though. Sorry if it came across like that.

My heart is no longer in this job, I am leaving for a competitor and was hoping to get Gardening leave rather than go through the motions of working for 3 months when I would rather (and lazily) not work.

I did say earlier I would not be taking confidential data however I will be privey to see the contracts which I will be bidding for in my new role, so with this in mind I was asking people if i was likely to get Gardening leave and if not was it acceptable to point this out to my employer although to say that is blackmail seems ridiculous. I thought it was an acceptable question on here.

Uncertain

Thurrock wrote: »

.........so with this in mind I was asking people if i was likely to get Gardening leave and if not was it acceptable to point this out to my employer although to say that is blackmail seems ridiculous. I thought it was an acceptable question on here.

I think this thread has highlighted how easily it could be misunderstood if you point out the issues to your current employer.

I would have thought there was a fair chance, given the circumstances, that they will put you on garden leave or simply tell you to clear your desk and receive PILON. However they may not. You will have a better idea than us what your company's reaction is likely to be.

If they don't, a more reasonable conversation may be "Here is three months notice as per my contract but I would be happy to discuss terms if you would prefer a shorter notice period".

Reggie_Rebel

You current employee would probably be a bit daft not to give you gardening leave as you are moving to a competitor. As others have said if you leave with a wad of paper with all your companies details on it then you may get a visit from plod. However, they can't take what's in your head so giving you three months access to the files wouldn't be very clever

getmore4less

Don't put anythng in the resignation letter other than your notice to leave as per contract.

Let them find out where you are going by asking don't put it in writeing

Be very carefull divlulging any information to the new company, they may be on a information gathering only exercise and you will be out of a job in a couple of months.

Mistral001

Thurrock wrote: »

I am leaving for a competitor and was hoping to get Gardening leave rather than go through the motions of working for 3 months when I would rather (and lazily) not work.

.

With all due respects it is not about what you would rather do. It is all about what the company would rather do. Nearly every poster here has said this in various different ways.

You may be feeling rather elated with getting this other better job, but do not get carried away. It just is not your call.

mark55man

Uncertain wrote: »

I think this thread has highlighted how easily it could be misunderstood if you point out the issues to your current employer.

I would have thought there was a fair chance, given the circumstances, that they will put you on garden leave or simply tell you to clear your desk and receive PILON. However they may not. You will have a better idea than us what your company's reaction is likely to be.

If they don't, a more reasonable conversation may be "Here is three months notice as per my contract but I would be happy to discuss terms if you would prefer a shorter notice period".

Best response so far. you should do this.

Other posters should note it is extremely hard to prevent someone working anywhere once they have left a company (doesn't stop businesses trying the bluster and threats). Passing out confidential information is a different matter, but restraint of trade is more often threatened than legally enforceable