Handed in notice but not on gardening leave why?

mozzie1

Couple of points...
1. Gardening leave is usually only used for the most senior employees? Do you qualify? It's aim is to stop business being harmed by say confidential info being gleaned before you left or clients being poached. You say you are already locked out of one computer system (perhaps where the most confidential info is) and maybe they think that clients are secure and cannot be poached by you. Also you have a duty under your current contract to confidentiality etc.
2. Also it must state in your contract that gardening leave may be used otherwise an employee could bring a claim in a tribunal against the employer should they lose money while being on gardening leave (ie an inability to be paid for work which is commission only etc).

So these may be a couple of reasons why you're not getting gardening leave. Good luck with the new job.

InsideInsurance

jonathandaws wrote: »

I really don't think I should be in the office as it's a conflict of interest.

What are my current employers playing at?

Conflict of interests isnt an issue, inside confidential information is.

You are there to do a job and you are still there to do the same job until the end of the last day of your notice period. If you deliberately fail to do that job correctly then they can always sack you for gross misconduct instead.

Garden leave is traditionally not used for run of the mill sales staff but instead for those that have sensitive corporate information, normally to do with strategy, new product development and/ or have been privy to confidential disclosures from (potential) customers/ suppliers.

Even then, garden leave is not used to protect them from you doing a bad job in your notice period but to stop you using that inside information to assist your new employers once you've left.