• This topic has 15 replies, 13 voices, and was last updated 12 years ago by Dair.
Viewing 16 posts - 1 through 16 (of 16 total)
  • Gardening Leave
  • easygroove
    Free Member

    I’m considering a few options at the moment in term of future employment. I have nearly 20yrs experience and have been in my current job working for a multinational professional services firm as a town planner for 6 yrs – a good stint.

    A decent offer with a competitor is expected to come forward in the next couple of weeks, if i decide to go with it, it will not go down well at current work at all well.

    Any tips on how to handle this tactically? Will they ask me to leave straight away and does that mean ‘straight away’ that minute? can i raise the issues of gardening leave? I’d love a few weeks off! How do i best manage existing clients that have brought work to the company because they want to use my services? Do i suggest they consider transferring contract to my new company?

    thoughts and experiences welcome

    easygroove
    Free Member

    Bolx ….posted in wrong part of forum. i’ll move it

    wwaswas
    Full Member

    Do i suggest they consider transferring contract to my new company?

    not if you want to stay out of court…

    ‘gardening leave’ is normally onyl offered to senior staff to give some distance between them and the tactical/strategic position of their current employer before they start with a new one.

    Unless you’re making strategic decisions in yopur current post or woudl be involved in bids for new work that compete with your current employer as soon as you arrive at your new place of work then it’s unlikely you’d be given garden leave.

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    bigyinn
    Free Member

    Unless the current employer thinks you are likely to poach data / customers / cost them business then I doubt you’ll get the luxury of gardening leave. However if you have holiday accrued, but not taken, you should be allowed to take that.

    easygroove
    Free Member

    wwaswas… thanks…i am involved in stratgic decision making and business development for the company, therefore it probably will be an issue for them. Is there anything else i should be thinking about when going through the notice giving process?

    stumpyjon
    Full Member

    At the very least they’ll need to pay you for your notice period even if they don’t want you in. Unless your new empolyer wants and immediate start go to your existing employer, tell them you’re giving notice and intend to leave at the end of the notice period as per your contract. If they try to kick you out earlier without paying you they’ve broken your contract.

    Just be careful if you start with your new employer if you’re still technically on the books of your previous employer.

    bigjim
    Full Member

    one of our partners got sent on garden leave for months when he accepted a higher level position at a rival company, he was out of the office pretty smartish, maybe 2 weeks or so? lucky bastard.

    richmars
    Full Member

    Don’t tell them where you’re going. If they think you may be going to a competitor, they may just pay you to go away. It’s up to them, but if you don’t tell them they’ll assume the worst.

    takisawa2
    Full Member

    Time to start hoarding stationary. Very important.

    scaredypants
    Full Member

    Don’t tell them where you’re going. If they think you may be going to a competitor, they may just pay you to go away

    Nope, I don’t see the issue 😐

    ourmaninthenorth
    Full Member

    How do i best manage existing clients that have brought work to the company because they want to use my services? Do i suggest they consider transferring contract to my new company?

    You do this very carefully or, like wwaswas says, you’ll find yourself on the sharp end of an injunction and/or damages claim.

    Now is the time to review your emplyment contract with current employer. You need to look at (1) notice period and (2) restrictive covenants (aka non-compete clauses).

    If you’re important enough for (2) to apply, then you’ll end up spending (1) at home being paid. If not, they’ll do a deal – youand they agree to cut short notice period, and you receive less cash.

    If you really are very important, then you’ll be on gardening leave within 10 minutes of you handing in your notice. I’ve seen that a few times….

    DaveRambo
    Full Member

    It should be quite simple.

    You have a notice period and your current employer needs to pay you for it. They may or may not want you to come into work.

    I wouldn’t work for the new company while still being paid by the current one (and you don’t seem to want to anyway). Your contract probably excludes it and it doesn’t send a good message to the new people.

    You can always tell the new people that you need to see what your current employers say regarding your new start date and then work out how long you want off before telling them when you can start.

    No doubt they want you ASAP but I think it’s a very good thing to have a decent break between the two. You get proper separation, time to spend with family etc before starting what usually is a time when you’ve a lot on your plate. I have said in the past that I need a holiday before starting etc and it’s never been a massive problem.
    Works for both sides but new employers rarely see it that way.

    EDIT
    As for transferring clients – What does your contract say ? Take that as a guide and I wouldn’t explicitly talk about it to the old company.

    If the clients decide to move themselves then that’s their decision – just be professional (which I’m sure you are/will be)

    richmtb
    Full Member

    I was given gardening leave when I moved jobs from one large computer manufacturer to another. It was standard procedure when moving to a competitor. I was given about an hour to say a few goodbyes and then escorted out of the building by my line manager.

    I didn’t complain I went to Barcelona for 5 days!

    If you are given gardening leave you can’t work for you new company until you gardening leave period is up. Also its potentially a very bad idea to try and take existing clients with (although a lot op people do do it)

    bellerophon
    Free Member

    I remember when I worked for DEC, a colleague handed in his notice saying he was going to Novell – he was off the premises within the hour having been accompanied in the office for that hour. He got all pay\holiday\notice period due to him, just wasn’t allowed in the office.

    ourmaninthenorth
    Full Member

    OK, so a little bit of clarity:

    Normal notice period: you come into work, you are paid, you leave on your last day and are “free” to work elsewhere the next day.

    You may agree with your employer to reduce the period and, with it, the period of time you are paid for.

    Gardening leave: you are paid for the whole of your notice period, but are not required to work. You are still employed until your contract comes to an end.

    Dair
    Free Member

    Put together a proposal for how your exit could be managed. Present it to your employer at the time you hand in your notice. That way, if you’re asked to leave with immediate effect, there is a solid starting point from which you and your employer can manage your exit to everyone’s benefit.

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