Whither Dan Fallows?
Discussion
So Dan Fallows is now going BACK to Red Bull?
http://www.bbc.co.uk/sport/0/formula1/26951076
My question is this: when these guys sign contracts to go to another team in the near future, and then go on 'gardening leave', are they still paid their contracted salaries while gardening? I would think so, as they are still under contract and it is the team that essentially decides how to use them; OTOH, they decide to create the conflict of interest by signing the future agreement e.g. Fallows going to McLaren, and oddly now back to Red Bull.
Do their standard F1 contracts define 'gardening leave' and adjust compensation?
http://www.bbc.co.uk/sport/0/formula1/26951076
My question is this: when these guys sign contracts to go to another team in the near future, and then go on 'gardening leave', are they still paid their contracted salaries while gardening? I would think so, as they are still under contract and it is the team that essentially decides how to use them; OTOH, they decide to create the conflict of interest by signing the future agreement e.g. Fallows going to McLaren, and oddly now back to Red Bull.
Do their standard F1 contracts define 'gardening leave' and adjust compensation?
http://www.bbc.co.uk/sport/0/formula1/26951076
My question is this: when these guys sign contracts to go to another team in the near future, and then go on 'gardening leave', are they still paid their contracted salaries while gardening? I would think so, as they are still under contract and it is the team that essentially decides how to use them; OTOH, they decide to create the conflict of interest by signing the future agreement e.g. Fallows going to McLaren, and oddly now back to Red Bull.
Do their standard F1 contracts define 'gardening leave' and adjust compensation?
[/quote]
Gardening leave is invariably paid by the current rather than the future employer. If a company wants to retain your services and then put you on gardening leave, they have to pay you; if they don't do this then you're free to join another team.
But there's nothing to stop Team A putting the employee on gardening leave, then continuing to negotiate with the employee. If the employee has signed with Team B, but then decides to leave before ever joining them, and going back to Team A, I can't see what Team B can realistically do about it. As they have never had the services of the employee, they cannot claim to have been disadvantaged by him not joining them unless he's the only person on earth who can do what he does, and they've built a special lab/factory etc for him to work in which would be otherwise unused.
And unless they've already paid him a signing bonus, they've had no employment costs. He can't have signed an employment contract yet - at least, not one that can be enforceable - as he hasn't left Team A's employ. And case law says that you can't be forced to work for an employer - they only have the ability to sue for their losses.
Team B really want him, but if they can't have him, the next best thing is to ensure that Team A can't have him. So if somehow they can force him to leave Team A and join Team B, he could resign the following day to move back to Team A and all that would happen is that team B would put him on another bout of gardening leave.
(I'm not a lawyer, so the above could well be completely wrong)
My question is this: when these guys sign contracts to go to another team in the near future, and then go on 'gardening leave', are they still paid their contracted salaries while gardening? I would think so, as they are still under contract and it is the team that essentially decides how to use them; OTOH, they decide to create the conflict of interest by signing the future agreement e.g. Fallows going to McLaren, and oddly now back to Red Bull.
Do their standard F1 contracts define 'gardening leave' and adjust compensation?
[/quote]
Gardening leave is invariably paid by the current rather than the future employer. If a company wants to retain your services and then put you on gardening leave, they have to pay you; if they don't do this then you're free to join another team.
But there's nothing to stop Team A putting the employee on gardening leave, then continuing to negotiate with the employee. If the employee has signed with Team B, but then decides to leave before ever joining them, and going back to Team A, I can't see what Team B can realistically do about it. As they have never had the services of the employee, they cannot claim to have been disadvantaged by him not joining them unless he's the only person on earth who can do what he does, and they've built a special lab/factory etc for him to work in which would be otherwise unused.
And unless they've already paid him a signing bonus, they've had no employment costs. He can't have signed an employment contract yet - at least, not one that can be enforceable - as he hasn't left Team A's employ. And case law says that you can't be forced to work for an employer - they only have the ability to sue for their losses.
Team B really want him, but if they can't have him, the next best thing is to ensure that Team A can't have him. So if somehow they can force him to leave Team A and join Team B, he could resign the following day to move back to Team A and all that would happen is that team B would put him on another bout of gardening leave.
(I'm not a lawyer, so the above could well be completely wrong)
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