How to get gardening leave

[Dog Star]

I'm hopefully going to be moving jobs in the near future. However I'd quite like to spin it so that I get gardening leave.

Normally this would be given if I was moving to a rival firm doing the same thing, however I won't be. Anyone any ideas on other ways? I don't want to lie and say I'm going to a competitor - that could be grounds for getting sued if they find out in future.

What about saying "sorry, I have been asked by my new employers not to divulge who they are or what I will be doing"? That might work.

Any others?

(Why don't I want to work my leave? Why would I?)

[Taita]

Dog Star said:

I'm hopefully going to be moving jobs in the near future. However I'd quite like to spin it so that I get gardening leave.

Normally this would be given if I was moving to a rival firm doing the same thing, however I won't be. Anyone any ideas on other ways? I don't want to lie and say I'm going to a competitor - that could be grounds for getting sued if they find out in future.

What about saying "sorry, I have been asked by my new employers not to divulge who they are or what I will be doing"? That might work.

Any others?

(Why don't I want to work my leave? Why would I?)

Could it? Any case law for this? Niche cases in 1942 need not apply

"I'm going to work for someone in the same vertical". Likely gardening leave and nice and vague.

[Muzzer79]

What sort of role are you in and how long is your notice period?

[joshcowin]

Or just stick to your word and agreement with your employer and work your notice period.

[Dog Star]

joshcowin said:

Or just stick to your word and agreement with your employer and work your notice period.

[Dog Star]

Muzzer79 said:

What sort of role are you in and how long is your notice period?

Three months, very cut throat industry, very specialised field. IT.

[QuartzDad]

Are you in sales or exec leadership? More likely in that case IME, elsewhere not so much.

[Deesee]

Dog Star said:

Muzzer79 said:

What sort of role are you in and how long is your notice period?

Three months, very cut throat industry, very specialised field. IT.

Same as mine was, but banking, 16weeks gardening leave, but handed over laptop, fobs, mobile, on day zero, apparently the damage I could have done warranted it, did not complain as it was the 30th May, so whole summer pottering around Europe.

Would have done no harm, not in my nature.

[anonymous-user]

joshcowin said:

Or just stick to your word and agreement with your employer and work your notice period.

You're old school, doing the right and honest thing isn't in vogue nowadays.

[Zarco]

Dog Star said:

joshcowin said:

Or just stick to your word and agreement with your employer and work your notice period.

Does seem a dick move.

[Muzzer79]

Dog Star said:

Muzzer79 said:

What sort of role are you in and how long is your notice period?

Three months, very cut throat industry, very specialised field. IT.

If you don't have access to sensitive information that you could take with you - i.e if you're employer wouldn't put you on gardening leave as a matter of course - there's not much you can do to force it other than starting to burn some bridges.

Burning bridges isn't a good idea, especially in a very cut throat industry that's very specialised.

Being as your only motivation seems to be to have 3 months off, I'd just work your notice.

[Dog Star]

Absolutely, however I’m not all that well disposed toward them due to an awful lot of broken promises, one of which lost me an awful lot more more than 3 months wages (not to mention a massive difference in pension contributions).

[ARHarh]

Surely your present employer has no right to know what new job you have accepted. Just tell them you would rather not say where you are going and let them decide whether to take the risk or put you on gardening leave, Therefore you don't have to lie.

[ozzuk]

I take it no need for a reference?

[randlemarcus]

ozzuk said:

I take it no need for a reference?

Its gardening leave, as laid out in his contract, not being marched out of the doors

This isn't him saying he will damage the business if left in place, it's a sensible way of a business enforcing a short term non-compete. And it's going to be a contractual clause, as evidenced by others being placed on garden leave. It's not dishonourable, it's not him being a shirker.

[joshcowin]

randlemarcus said:

Its gardening leave, as laid out in his contract, not being marched out of the doors

This isn't him saying he will damage the business if left in place, it's a sensible way of a business enforcing a short term non-compete. And it's going to be a contractual clause, as evidenced by others being placed on garden leave. It's not dishonourable, it's not him being a shirker.

It is him being a shirker

"I'm hopefully going to be moving jobs in the near future. However I'd quite like to spin it so that I get gardening leave.

Normally this would be given if I was moving to a rival firm doing the same thing, however I won't be."

[jm8403]

Dog Star said:

I'm hopefully going to be moving jobs in the near future. However I'd quite like to spin it so that I get gardening leave.

Normally this would be given if I was moving to a rival firm doing the same thing, however I won't be. Anyone any ideas on other ways? I don't want to lie and say I'm going to a competitor - that could be grounds for getting sued if they find out in future.

What about saying "sorry, I have been asked by my new employers not to divulge who they are or what I will be doing"? That might work.

Any others?

(Why don't I want to work my leave? Why would I?)

A good start would be to hand in your notice and say things that would make them think they need to give it to you. Have you handed in your notice?

[simon_harris]

MikeStroud said:

You're old school, doing the right and honest thing isn't in vogue nowadays.

Personal integrity no longer matters sadly.

[StevieBee]

You have a contract.

If that contract states Gardening Leave, you will be put on Gardening Leave.

If it doesn't you won't and they have every right to expect you to work your notice period. Whether you want to or not has no bearing on the matter.

As you do not appear to have a Garden Leave clause in your contract, the company deems your role and knowledge not to be of competitive advantage to a competitor. So even if you did lie, they would say, 'so?' and do nothing. So saying this.....

Dog Star said:

What about saying "sorry, I have been asked by my new employers not to divulge who they are or what I will be doing"? That might work.

.... will have zero effect..

Even if they did say "ooh, we'll need to put you Garden Leave then" (which they really won't!), that could be as long as six months - maybe even a year. It's unlikely your new employer would accept this. You may think well, at least I get six months to a year paid leave... but if your ruse is discovered, and there's a high chance it will, you will be legally required to pay the company back the money they paid you as well as possibly facing a charge of fraud.

You're leaving a company you don't like for a new job. That's the win so take it as it is.

[The Leaper]

OP,

I wonder what your new employer's reaction would be after reading your original post?

R