Gardening Leave

Author
Discussion

JJbing

Original Poster:

103 posts

92 months

Wednesday 14th June 2023
quotequote all
Hi All,

Bit of advice as this is a new situation to me.

Company is closing but still solvent.

Initially all staff were going to be paid PILON for 3 months, this has now changed to gardening leave. There is zero work to be done, laptop / phone has been handed back.

Offer has been received for a new job 2 weeks into gardening leave.

As the company is closing in 6-9 months surely I can retain the gardening leave pay and start the new employment being paid by both?

Thanks



GiantEnemyCrab

7,724 posts

210 months

Wednesday 14th June 2023
quotequote all
Yup, keep the two jobs on the go and keep schtum to Job 1.

Someone will be along shortly to chuck 'contract breach' and so forth around. But who is going to care wink


JJbing

Original Poster:

103 posts

92 months

Wednesday 14th June 2023
quotequote all
GiantEnemyCrab said:
Yup, keep the two jobs on the go and keep schtum to Job 1.

Someone will be along shortly to chuck 'contract breach' and so forth around. But who is going to care wink
My only issue would be if new job request reference from current job

mattybrown

287 posts

217 months

Wednesday 14th June 2023
quotequote all
Whilst on gardening leave you are still employed, you can not work for other companies, that is the whole point of gardening leave. Anyway summer is here enjoy.

remedy

1,761 posts

198 months

Wednesday 14th June 2023
quotequote all
Can you not just tell them you have a notice period and enjoy the summer?
Do 1 or 2 months GL then say you resign with immediate effect? I'm sure they won't mind having to pay you less to sit at home.

UpTheIron

4,017 posts

275 months

Wednesday 14th June 2023
quotequote all
mattybrown said:
Whilst on gardening leave you are still employed, you can not work for other companies, that is the whole point of gardening leave. Anyway summer is here enjoy.
Depends what his current contract says...

OP, are the new company aware of the situation?

JJbing

Original Poster:

103 posts

92 months

Wednesday 14th June 2023
quotequote all
UpTheIron said:
epends what his current contract says...

OP, are the new company aware of the situation?
At point of my last interview I was informed it would be PILON & was yet to agree an end date.

They're not aware yet of the new situation where it would be gardening leave

GiantEnemyCrab

7,724 posts

210 months

Wednesday 14th June 2023
quotequote all
Either take the double pay or take the break smile

Job 2 are unlikely to care too much.

This is one of these situations where you just get.it.done. Might need to tidy up tax code with HMRC if they think your wages will always be like that, but can be done via Govt Gateway / phone etc.

JJbing

Original Poster:

103 posts

92 months

Wednesday 14th June 2023
quotequote all
Not bothered about a holiday, as need the money for house purchase / renovation

UpTheIron

4,017 posts

275 months

Wednesday 14th June 2023
quotequote all
Either

1) Start new job and if original place find out they may or may not terminate your contract with immediate effect (if it allows)

Or

2) Enjoy the garden leave and start the new job in 3 months, if they will wait.

In my experience you'll "get away" with the first option if that is your preference.

Dog Star

16,488 posts

175 months

Wednesday 14th June 2023
quotequote all
GiantEnemyCrab said:
blah
How the hell has someone with a username of such excellence have been on PH for almost two decades with a post count of almost 8000 have escaped my notice?!?

Mr Penguin

2,712 posts

46 months

Wednesday 14th June 2023
quotequote all
If the company is closing why are they going for gardening leave over pilon?

GiantEnemyCrab

7,724 posts

210 months

Wednesday 14th June 2023
quotequote all
Dog Star said:
GiantEnemyCrab said:
blah
How the hell has someone with a username of such excellence have been on PH for almost two decades with a post count of almost 8000 have escaped my notice?!?
From the utterly glorious Sony playstation speech smile


The_Nugget

684 posts

64 months

Wednesday 14th June 2023
quotequote all
Mr Penguin said:
If the company is closing why are they going for gardening leave over pilon?
Cash flow?

mattybrown

287 posts

217 months

Thursday 15th June 2023
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UpTheIron said:
epends what his current contract says...

OP, are the new company aware of the situation?
I am interested how this can depend on what the contract says can you explain?

skeeterm5

3,710 posts

195 months

Thursday 15th June 2023
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Won’t they make you sign something ahead of garden leave which stipulates the conditions?

Muzzer79

11,060 posts

194 months

Thursday 15th June 2023
quotequote all
Mr Penguin said:
If the company is closing why are they going for gardening leave over pilon?
Possibly because they know that people will seek other employment, meaning they save money by not having to pay PILON up front and can pay just a portion if someone leaves during their garden leave.

Much like the OPs situation

If this is the case, I'd tread carefully.

GiantEnemyCrab

7,724 posts

210 months

Thursday 15th June 2023
quotequote all
Muzzer79 said:
Possibly because they know that people will seek other employment, meaning they save money by not having to pay PILON up front and can pay just a portion if someone leaves during their garden leave.

Much like the OPs situation

If this is the case, I'd tread carefully.
Only if that person was a total belm and told them smile

Terminator X

16,331 posts

211 months

Thursday 15th June 2023
quotequote all
mattybrown said:
Whilst on gardening leave you are still employed, you can not work for other companies, that is the whole point of gardening leave. Anyway summer is here enjoy.
People aren't allowed to work 2 jobs at once?

TX.

C5_Steve

4,835 posts

110 months

Thursday 15th June 2023
quotequote all
Terminator X said:
mattybrown said:
Whilst on gardening leave you are still employed, you can not work for other companies, that is the whole point of gardening leave. Anyway summer is here enjoy.
People aren't allowed to work 2 jobs at once?

TX.
In short, it depends.

Depending where you work, a lot of contracts will state you need approval for a second job from to ensure no conflict of interest etc. This came up a lot where I used to work during lockdown as people started becoming home bakers and selling their goods, they technically needed approval from their current company.

With gardening leave, however, it is normally part of the condition that you do not work anywhere else during this time. As someone else has stated the general goal is that a lot of people will secure employment during this time meaning the company can reduce the payout or spread it over a longer period rather than PILON.

To the OPs point, I'd be very careful about trying to have your cake and eat it. Worst case scenario though I guess if you did take the second job and the first found out they'd just terminate your gardening leave early in which case you'd already be in your new job.