garden leave

[david8282]

hello, i work in a sales industry. i recently handed my notice in to my employers and was put on garden leave as i was leaving for a competitor. i unfortunately do not have a copy of my contract but was not givenm anythingthing in writing just verbal instructions that i would be put on garden leave for my 1 month notice. in this time i began working for my new employer. i have recieved a letter to say they are aware of this and have back dated the termination of my contract with them to the day i handed my notice in and will not pay me the remaining money owed for the notice period. can i contest this? any help would be gratefully recieved!!

 

[Ceri_1999]

i have no legal training at all(!) thought i should say that first off

how long were you off for between working for company one, and starting at company 2? did you take the month off? or did you start the next week. I'm only asking out of nosyness, but if you left company a on friday and started with company b on the following monday, you've not lost anything.

also company a would have been paying you for not doing anything

i know that there are other factors to consider, and i am not saying you are wrong to want this, but surely if you are on notice with one company (garden leave or not) then you cannot work for another? therefore by starting work with company b, you are techincally in breach, and most likely there is a clause in your original work contact that would state you are not allowed to work for a competitor at the same time as working for company a, and if you breach that then they can terminate your employment without notice.

and its kind of like you want to be paid twice for the same time. it would be different if they had paid you in lieu of notice.

 

[david8282]

a week later. getting paid twice is exactly what i'm looking for!

 

[Ceri_1999]

a week later. getting paid twice is exactly what i'm looking for!

i would be too, but i dont think you can get them on this one :-(

 

[david8282]

hmmm, thats what i though

 

[Ceri_1999]

hmmm, thats what i though

theres still hope - i'm not in law... and could be talking out of my behind, but i think i am right

 

[andygambles]

The company could also bring a civil claim against you for breaching your employment contract. Namely taking up employment with another company while still employed. Provided of course it says this in your employment contract.

It is incredibly naive of you to think you could start work for someone else and still get your notice period paid. Why would any company pay you to work for someone else?

 

[david8282]

thanks for your comments ceri. andy gamble, your condescending comments are rather misplaced, obviously i'm aware i am in the wrong, its called 'trying it on'.

 

[Charlie B ACS]

thanks for your comments ceri. andy gamble, your condescending comments are rather misplaced, obviously i'm aware i am in the wrong, its called 'trying it on'.

As such condescending comments are actually very well placed.

Hopefully the next thread you post is for help when your former employer is taking action against you!

 

[ccp consultancy]

You were placed on garden leave for very obvious reasons, that you were leaving to work for a competitor. A key part of garden leave, and I doubt it if your employer would have ommitted to inform you of this would be that you still remain available for work. If you have then started work with your new employer then you are no longer available for work and you have breached your own employment contract.

If you are ill advised to take a claim against your employer, then you may find yourself facing paying your previous employers legal costs for a misconceived claim.

You were better off sitting at home, being paid for a month, having a rest and then starting fresh with your new employer, unless your new employer was paying you significantly more and it was more cost effective for you to start work quickly, in which case then you have not lost anything have you.

 

[Ceri_1999]

David, your totally right. Andy and Charlie have not got a clue what they are talking about. Go after your former employer, send them a letter saying you admit to breaching your contract but still want to get paid. They should pay up straight away

Oy!! its Ceri!!

 

[Christiane]

David8282, I hope you realise you are on a business forum full of employers so don't expect sympathy from us What you have done is wrong, and you admit it. You are in breach of contract, full stop. Does your current employer know this?

 

[arcon5]

Op hasn't been given a contract.... there may not be a non-compete clause of anything to say op can work a second job. So how can it be assumed they have breached such?

 

[andygambles]

Op hasn't been given a contract.... there may not be a non-compete clause of anything to say op can work a second job. So how can it be assumed they have breached such?

He has a contract he just can not find his copy.

 

[arcon5]

We still don't know if there has been a breach tbh.

 

[woodss]

Cheeky bar steward.

Why do some people think it's okay to shaft others these days - pure effing greed. I personally hope they scour your contract looking for ways to bring you to court. You screwed them, why should they treat you any differently?

 

[arcon5]

Cheeky bar steward.

Why do some people think it's okay to shaft others these days - pure effing greed. I personally hope they scour your contract looking for ways to bring you to court. You screwed them, why should they treat you any differently?

I guess we have a different definition of shafting somebody..

How has ops ex-employer been screwed or shafted in any way?
They worked a new job (or started a second job depending on how you look at it) whilst still in employment... no mention in any way or form about the ex-employer being at any loss!


And how it is out of greed? I personally wouldn't want to spend a whole month at home doing bugger all but twiddling my thumbs irrespective of how much money was in my bank!

 

[woodss]

Because he expected them to pay him while he leaves and works for a competitor, who are also going to be paying him.

Pure greed, and he was quite happy to screw his previous employer if they hadn't found out.

That's why.

 

[arcon5]

Because he expected them to pay him while he leaves and works for a competitor, who are also going to be paying him.

Pure greed, and he was quite happy to screw his previous employer if they hadn't found out.

That's why.

We don't know they are working for a competitor.

Its the employer that requires 1 month notice, and its the employer who doesn't want them doing work for them during that notice period. Its their rules, they should stick by them - or change them.

We are yet to hear how op has breached the contract...
(until op comes back and tells us their contract states they need permission to take out a second job or they are working for a competitor and there is a 6-month noncompete clause, how can it be assumed that he is screwing over the ex-employer and deserves everything coming to him?)

So many people around here are to quick to demonise employees or jump on the 'we are employers and hate employees and hope they all get whats coming to them' bandwagon!

 

[woodss]

Did you read the OP?

It says that the person was put on garden leave (for 4 weeks) from company A. During this time they took a job with company B, a competitor and started working.

They expect company A to pay them the garden leave while being paid by company B too.

And I quote:

thanks for your comments ceri. andy gamble, your condescending comments are rather misplaced, obviously i'm aware i am in the wrong, its called 'trying it on'

Like I say.. greed.

 

[Lease4Less]

We don't know they are working for a competitor.

Its the employer that requires 1 month notice, and its the employer who doesn't want them doing work for them during that notice period. Its their rules, they should stick by them - or change them.

We are yet to hear how op has breached the contract...
(until op comes back and tells us their contract states they need permission to take out a second job or they are working for a competitor and there is a 6-month noncompete clause, how can it be assumed that he is screwing over the ex-employer and deserves everything coming to him?)

So many people around here are to quick to demonise employees or jump on the 'we are employers and hate employees and hope they all get whats coming to them' bandwagon!

We DO know that he is working for a competitor:

hello, i work in a sales industry. i recently handed my notice in to my employers and was put on garden leave as i was leaving for a competitor

If he has been put on garden leave and has started to work for his new employer during this time then he is in breach of his contract. During garden leave you have to be available for your employer to contact you - he clearly isn't available if he has started work for someone else.

And this comment summed the guy up:

a week later. getting paid twice is exactly what i'm looking for!

He is clearly trying it on - I hope he gets nothing - it's what he deserves.

 

[arcon5]

Their actions have not had a negative affect on the ex-employers business so tell me how this can be classed as screwing over an ex-employer?

And where does it say they are not allowed a second job?

The employer has simply found a way of saving money they would have otherwise had to pay the employee for the months leave.

 

[Lease4Less]

Their actions have not had a negative affect on the ex-employers business so tell me how this can be classed as screwing over an ex-employer?

And where does it say they are not allowed a second job?

The employer has simply found a way of saving money they would have otherwise had to pay the employee for the months leave.

I am assuming that you are not an employer.

Of cousre his actions have had a negative effect. He has left to go and work for a competitior. How the hell can that possibly be seen as anything other than negative?

I will again repeat what garden leave means. It means that during the notice period the employee must be available to be contacted, and if neccessary come to the office. The OP would not have been able to do this though, would he? He will have retained all the perks he had such as company car/phone etc... if he had them.

This guy is in BREACH of his employment contract, and as such the previous employers have a legal right to fire him and thus not pay him the notice period.

So you seriously think that this is acceptable?