Gardening Leave

blue_haddock · 4 April 2006 at 6:41PM

I think this is the best place to post this but mods feel free to move it if you wish.

I've recently been offered another job which i have accepted, this firm want me to start ASAP. I today handed my 1 months notice in to my current job and they have put me on gardening leave.

What i want to know is would it be ok to start for the other firm straight away? I know there will be tax implications over technically being employed by two companies at the same time but is it OK to work for another company whilst on gardening leave?

The jobs are in different parts of the industry and i can't really see anyway of the old firm finding out.

Any help is greatfully received.

dro · 4 April 2006 at 7:12PM

Technically you are still working for your old employer although they have requested that you carry out no duties (I presume you have a gardening leave clause in your contract, if not they have already broken the contract and you are free to do as you wish). I think in theory they could ask you, at any time during your notice, to undertake your previous duties, or other duties (again it depends what is in your contract) so that may cause a problem if you have already started your new job. If that happened and you didn't go back they could, in theory, take you to court but any damages they could claim from you would be restricted to any actual loss they had suffered as a result of you not working your notice.

I would say that the most honest way to go about it would be to approach your old employer and ask if you could have your contract terminated without notice, which would allow you to start work straight away and would save them from paying for your gardening leave. Whether they will agree to that obviously depends on the relationship you had with them and whether you are gong to work for one of their competitors.

blue_haddock · 4 April 2006 at 7:35PM

Yes i do have a gardening leave clause in my contract. My role was new business sales so it is highly unlikely i would be called upon to do that if i was to be recalled and i doubt they would want me to speak to any customers either so there wouldn't be much i could do for them.

The new job is within the same industry but in a totally different market segment doing a vastly different role. The two companies are in no way rivals or competitors but my old contract states i can't work for anyone without written permission so i guess i'm shafted.

dro · 5 April 2006 at 10:45AM

An optimist might say that you've been given an extra months paid holiday.

I am sure your new employer has taken you on because they think you're the best person for the job and were aware that you would need to give a months notice when they decided that.

If it's your intension to honour your old contract then I can't see that you've got anything to lose by asking them for permission to start your new job, the worst they can do is say no.

amazon_spice · 5 April 2006 at 10:46AM

What's gardening leave?

amazon_spice · 5 April 2006 at 10:47AM

s'ok i looked it up

Gardening Leave

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