Kevin Mc

I've just lost my job, and am on garden leave until the end of October.

I already have very promising opportunites elsewhere. Availability is all important - if I'm not available for 5 weeks, I may lose this new job (contract).

is there any law to say that I can't work for one employer whilst I'm still on garden leave for another?

I fully understand that I'd have to pay the full whack of tax on the "second" job (until the end of Oct), and I would also contact my old employer to ask for their blessing.

Can I do this?

camk

Just do it and keep it quiet, if you are on your way out then worst case is they find out. There are no legal reasons to not do it but your employment contract/Termination agreement may not allow it.

fast bloke

Usually garden leave is to allow you to find and start another job. If they don't allow it and you go ahead, what is the worst they can do? immediate dismissal? sorted

scoob_babe

why on earth would you want to have the blessing of your old company - they chucked you FFS!!!!!
You might have something about cash / payment for 'loss of office' which they could ask for back but sod it, keep quiet and get back earning!!

CTR

What does your contract say? My contract at my old place said I could only work for them. As does my current contract. When asked the question if I find a new job can I start it whilst on gardening leave last year, I was told yes, but you wont get any redundancy money. Gives a good excuse for being lazy for however many weeks.

Whether you can get round it, or keep quiet about it, I dunno. Dunno how they would find out if you kept quiet.

Kevin Mc

Thanks for the replies. Certainly wouldn't want to lose the redundancy money - contract isn't that good! Just want to get off to a flier if possible.

I'm going to go to Citizens advice to see what they say.

camk

check what the contract says you may be OK

babber

When I was on garden leave a while ago, I had to sign a contract with my former employers.... They paid for my Employment Lawyers fees, etc and it turned out the contract wasn't worth the paper it was written on.... I wasn't supposed to do this, wasn't supposed to do that

BTW, my former company was a fantastic company to work for, and still is

I'd say go for it, but keep it quiet

Phill

scoob_babe

I admit I got done over by my previous company - they were a bunch of cowboys and dumped me 2 weeks before I'd been there a year so I couldn't do them for anything (had I been there just 14 more days, they could have been done for failing to comply with the law) and got next to nothing.
I wouldn't do anything that may put any cash coming your way in jeopardy though. Have you been told to have a compromise agreement that has to be signed by a solicitor - if so, they will advise

imlach

Went through redundancy earlier this year, and was on 3 months gardening leave. If I found employment which began in this 3 month period, I was able to terminate my contract with the previous employer at that point, and get my redundancy payout straight away...however, you would forgoe any further salary for the remaining portion of the 3 months of gardening leave.

Not worth risking dual employment if the redundancy sum is large. They can withdraw it if they so desired if you are in breach of employment contract - remember, you are still employed by them during gardening leave!.

judgejules

Sorry for the delay, this is taken from my employment law docs that I'm working through atm:

"During a period of Garden Leave you must remain available during your normal working hours to carry out work for your employer but you have no right to be provided with work of any kind. You must not attend your place of work, make any statement or representation on behalf of your employer or contact any customer, client, supplier, employee or agent of your employer without the written permission of your employer to do so."

Basically, you still work for them, so they can ask you to work at home, come into the office etc. You technically dont have a P45 from your old employer until they give you the boot so it might be a bit tricky when you need to give that over at the new place. Also, what would happen if you were asked to go into your old place to sort out some stuff on short notice when you have to go to work at the new place (might not be a prob).

Jules

Kevin Mc

Thanks for that Jules

Looks like I have a month to get my CV perfect and look for a job. Last time I was out of work was 1990 - and that was only 2 days before I was temping. It's not so much the money (though a bit extra wouldn't hurt! ) it's just not having work to do. Just thought, I'm certainly not ready for retirement yet! I miss work already after 2 days!

There's no way this contract - or any other (apart from a 12month one at £500 per day!!!! ) is worth the risk. Having said that - I haven't got a termination contract as such - just my "get your coat" letter, and my employment contract hasn't been updated since I first started with them back in 1998!

Thanks again for everyone's input on this.

Clarebabes

You do know that if they gave you a month's notice, that would take you over a year's service and as such, you could still do them for whatever you feel they did wrong.

I think you have up to 3 years to log an IT?

Same thing nearly happened to a colleague of mine, in the end they decided to make her life Hell so she left...... Nice people.

SCOSaltire

have a nice time off
or study for an exam - future employers will be asking what u did during garden leave

babber

What about working for the new company unpaid for the notice period? Telling them you may have to go to your old place of work, for whatever reason.

Have you contacted an Employment Lawyer?

Phill