Gardening leave but want to start my new job?
I will resign from my job next week (in the UK) to start work with my employers main competitor. My existing contract is 3 months notice which I know my company will put me straight on to gardening leave. The problem is my new employer wants me to start as soon as possible and I am also happy to do so but can I be employed by two company’s at once. My current employer takes all my equipment away eg laptop etc so I am unable to do any work for them but I am still bound by the 3 month notice and they will not finish it earlier. Any help would be appreciated – UK laws apply. Thanks
May 28th, 2010 at 1:01 pm
You cannot start with the other company until your notice period is up. You signed a contract to this effect.
May 28th, 2010 at 1:19 pm
Check your contract but would be surprised if you are allowed to breach the 3 month notice..
If you do, you will risk your old employer taking you to court. The gardening leave is there to stop you being able to capitalise on any of your knowledge on the old company and give the competitive advantage to your new employer.
If your new employer give you a hard time, then I would question their integrity and be concerned working for them! They would put any of their staff on gardening leave in exactly the same way.
Just enjoy having 3 months paid holiday!!!!!!
May 28th, 2010 at 2:05 pm
The laws differ, so take my advice lightly and speak to your HR department. My experience is if you take another job whilst on gardening leave you’re quiting your present job. This could mean you’re in breach of your existing contract which could lead to litigation (ie you get sued) depending on your existing employer’s attitude.
It sounds like you’re going to work for a competitor if you’d be put on gardening leave automatically. I’d tread very carefully, you don’t want to be out of a job and not have another to go to. I’d probably insist to your new employer on the 3 months wait so you don’t get busted by your old employer. Follow the rule book in this case, for your own benefit. If your new employer wants you that badly and they’re above board they’ll wait. If they won’t wait I’d reconsider them being a ‘good’ employer.
May 28th, 2010 at 2:16 pm
Contracts can be amended and changed… What you need to do is read the thing and find an out… Maybe they will let you buy your way out… Pay a penalty or fine…
Money talks and Bull S walks….