[Closed] Garden Leave advice/experience

Make sure you enjoy it.

Wish I had gardening leave!

Make the most of it, but only after you have the written confirmation of your last day and that you are not required to come to work between now and then.

Perfectly reasonable for them to do it in many roles, just also perfectly reasonable of you to expect it to be documented properly.

Firstly I think they are being wholly unprofessional but it seems to leave everyone massively exposed.

Well at least that should make you feel comfortable about your decision to leave!

Get in touch with HR, possibly stating what date you believe you should be finishing, relax and enjoy an unexpected holiday!

Don't quite understand what your problem is, you'll get paid until your notice completes but don't have to do anything.

Unsure how you resigned, but normally it'd be to your Manager - so just call them?

Don't worry. If its anything like the company I work for as soon as you're leaving and if you get gardening leave they forget you instantly and wont bother with any formalities...in fact you'll be changing them up to complete the formalities and hand back equipment, passes etc. A chap who left the company 18 months ago still has his pass and computer. He's chased them up many times to come and collect or to arrange a drop off and nobody seems bothered.

Put your feet up and enjoy you'll be back and the grind stone soon enough. Shame the weather isn't playing.

I got paid off twice so sat around doing nothing earning nice money. You really cannot beat the feeling, lunchtime beers, cycling round the park kerrching.

You are still contracted though so do it all properly, I am ashamed to say I got greedy and started new role early so got double bubble. It was ages ago so dont try reclaiming it.

Best of luck in your new role.

Had it once back when I was important- 3 months paid time off, though in my case it was redundancy of the management team after a takeover so they really didn't want us.

Picked up a temporary job about a month in, was all very pleasant.

Have you called HR yet? Or maybe better to email them - but anyway - they might need a nudge to sort it out.

Relax and enjoy it though, you are a lucky chap.

I’m more concerned that this is a legal process and if I had an employee whose contracted I hadn’t reviewed for 12 years and it transpired he had no competitor clause I’d be getting gardening leave restrictions watertight in hours.

It just seems so lax and I probably should just chill.

I’m more concerned that this is a legal process and if I had an employee whose contracted I hadn’t reviewed for 12 years and it transpired he had no competitor clause I’d be getting gardening leave restrictions watertight in hours.

All things to be filed under not your problem anymore

As of this morning I’m yet to be contacted by anyone from the company or receive details of the process or acceptance of my notice in writing.

So how were you placed on garden leave? Was this just a verbal agreement?

All I could suggest is a follow-up email (with a read receipt request) restating the agreement and confirming the last official day of employment is.

All things to be filed under not your problem anymore

This.

In your position I'd be considering a nice mezze platter for lunch with a good bottle of cava, perhaps a stroll to the pub this afternoon

presuming you were told by someone you were on gardening leave - why are you here and not out on your bike?

there is a new trail in you local woods called 'gardening leave' that needs finishing..

Verbally informed, as for why aren’t I riding I’ve been given a long list of blue jobs by my wife, regrouting a shower today and night ride tonight.

Thanks for the consensus advice that it’s their problem, I’ll relax a little.

Your employer doesn't need to 'accept' your notice, they can't impose any terms or conditions other than whatever's in your contract, and they're probably aware they can't impose restrictive covenants (non-compete etc) at this stage so not wasting their time!

Yes slightly unprofessional / rude not to contact you but they've got other things to do, perhaps they're busy looking for a replacement.

In your position I might send a short email to HR just saying I understand I am not required to work my notice, let me know if there's anything I need to do.

And then go out cycling as others have said!

I got notified of redundancy nearly 3 years ago now, 3 month consultation / notice period, turned my laptop off, went home, collected my cheque on the final Friday of the 3 months and started a new job on the following Monday.

Didn't do a single jot of work for 3 months, it was ace.

Verbally informed, as for why aren’t I riding I’ve been given a long list of blue jobs by my wife, regrouting a shower today and night ride tonight.

Ah now I understand what you are looking for - something in writing that says "sorry I can't regrout the shower, I'm only allowed to do gardening".

If its like our HR dept - when someone gets put on gardening leave their laptop and phone get taken off them so they can't steal any data (although everyone knows this so they would take it before resigning!) and then HR send everything by email to an account you don't have access to!

Without meaning to come across as condescending, are you on gardening leave or just not required to come in for the remainder of your notice period? Your description sounds like it is a notice period thing. Gardening leave is usually when you are in an 'important' or senior enough role that a six month (or whatever) break from the industry is required before you take up a role with a competitor. Ultimately so that you don't immediately give all the inside information from one company to the other, poach all the clients etc.
Again without being silly, if you are in that position I would have thought that the 'gardening' period would most likely be fairly standardised within your industry and have been agreed some time ago between you, the current employer, and future employer as otherwise you wouldn't have a start date.

I’m more concerned that this is a legal process and if I had an employee whose contracted I hadn’t reviewed for 12 years and it transpired he had no competitor clause I’d be getting gardening leave restrictions watertight in hours.

That's very conscientious of you (and that's commendable) but you're a member of the team in name only now. I can't understate how important it is for you to look after your interests first rather than helping correct any errors HR or management may make in your favour.

Without meaning to come across as condescending, are you on gardening leave or just not required to come in for the remainder of your notice period? Your description sounds like it is a notice period thing. Gardening leave is usually when you are in an ‘important’ or senior enough role that a six month (or whatever) break from the industry is required before you take up a role with a competitor. Ultimately so that you don’t immediately give all the inside information from one company to the other, poach all the clients etc.

OP has been told to go home and not come back in again.
Inside info and customer poaching is actionable regardless of gardening leave etc - the challenge is proving it, but that's another thing entirely. I once got laid off by one company and hired by another. Both companies were American, and so the contract from Company 1 contained a noncompete clause. I'd been laid off and advice from my union was that it wasn't applicable in the UK anyway, but I checked it out with Company 2 and got a 'we don't think it's an issue and will help you out if they come for ya' letter from them. That was a classy touch and made me feel quite reassured to be starting with them. Infinitely classier than Company 1, but that's another story...

Hi Lucky7500, got a gardening leave clause and involved in projects/have company sensitive knowledge information AND I’m going to a direct competitor.

I’ve got 3 months of restrictions in my contract post notice period to not entice/endeavour etc a employee/client/supplier but nothing else.

In terms of my current role it’s changed significantly over 12 years, now has a significant commercial component and I guess ‘I’m important’ BUT my job description has never been amended so it’s all a bit of a pickle as I’ve got the t and c’s of someone not important.

It could all reflect a lack of process as I can’t recall anyone going on gardening leave in the UK throughout my tenure but equally it’s a multi billion dollar company that normally protects its interests very assertively.

Enjoy the regrouting in that case. Can you ask a union or CAB for advice on how to handle this? If it were me I'd send a letter via registered post confirming you handed in your notice on X date, were told to were on immediate gardening leave by N and understand your last day to be X and your holiday allowance outstanding to be N unless you hear otherwise. If you've got kit ask when / where they want it.

It's quite likely they're rummaging through files trying to find the updated contract they probably think you were working to, by the way.

bentudder, they’ll be looking for a long time

S#it!!!! Their ears must have been burning, just got an email.

Everyone stand down, contract reviewed and last working day confirmed 😄😄😄

The general legal situation:

tl;dr version - it doesn't matter what is in the contract.

You don't need restrictions in a garden leave clause, because when you are on garden leave you are subject to to all your contractual obligations, including the duty of good faith (which is implied into all cotracts of employment) which means you can't compete, poach etc., and you still have to comply with your employer's proper instructions (such as not to come to work, not to contact customers etc.). Non-competition and similar clauses are important for post-employment restrictions (which will never be implied); for the during-employment duty they are more about reminding employees and their managers of the employee's duties, though they can have effects.

In fact you don't need a garden leave clause at all, in most cases it will be fine for the employer to insist you work out your notice by not working (which is what garden leave is). But there are some trades where a "duty to provide work" might be implied into the nature of the job so it can't be done, hence garden leave clauses.

And it is "garden leave", not "gardening leave". You don't have to dig it, just sit in it. You can go indoors if it rains.

as for why aren’t I riding I’ve been given a long list of blue jobs by my wife, regrouting a shower today and night ride tonight.

Wrong order, shower can be done tonight.