Giving new employer details

Misticles

I have just handed in my notice in my current job as I got a job elsehwere.

I have received an email from my manager which she has received from HR - asking if I have secured a job elsewhere and if so where?

I don't really want to tell them where I'm off to.

Why would they want/need to know?

Tax purposes?

Bandana boy

I would tell them the you have recieved a role as postion X in your new companys industry and leave it at that

godtabh

they might want to know to see if you will be put on gardening leave

Misticles

godtabh wrote: »

they might want to know to see if you will be put on gardening leave

what's this?

BuffyBot

http://en.wikipedia.org/wiki/Garden_leave

Mr. Presentable

They are likely concerned you are going to a competitor and bringing sensitive information with you.

Gardening leave is where they let you serve out your notice at home in case you would steal data etc

Good luck with the new job!

Misticles

Mr. Presentable wrote: »

They are likely concerned you are going to a competitor and bringing sensitive information with you.

Gardening leave is where they let you serve out your notice at home in case you would steal data etc

Good luck with the new job!

ahhh well the company I'm leaving for isn't a competitor and any information that I have access to here would be of no use at all to me.

All I'm taking is training stuff on excel and other financial course material... all training and not linked with any companies.

Fu Manchu

So what is the position if an employer insists on a period of gardening leave e.g. if you are prevented from working within a particular business sector for a period of time e.g. 3 months.

Is the employee expected to take a loss e.g. no pay for that period of time or does the new employer usually cover this by means of making payment under the new employment contract.

maglite

Fu Manchu wrote: »

So what is the position if an employer insists on a period of gardening leave

They pay you to sit at home. Else your free to work where you want. Those clauses that state you cant work with a competitor for X period are non enforceable

keane2097

maglite wrote: »

Those clauses that state you cant work with a competitor for X period are non enforceable

How so?

Delancey

maglite wrote: »

They pay you to sit at home. Else your free to work where you want. Those clauses that state you cant work with a competitor for X period are non enforceable

Not sure they are all non-enforceable but it is true that they are notoriously difficult to enforce other than at very high levels.

vikingdub

Delancey wrote: »

Not sure they are all non-enforceable but it is true that they are notoriously difficult to enforce other than at very high levels.

In order to enforce gardening leave this condition must be included in your contract of employment, if it is not in the contact your employer cannot deny you access to employment.

Gardening leave has been tested in the Courts and the requirement must be reasonable, in other words a senior employee with access to confidential and commercially sensitive information who wished to work for a competitor could be put on a longer period of gardening leave than a junior employee who simply has access to a list of customers. In all cases, as I mentioned above, it must be in the contract and must carry fair remuneration.

vikingdub

Misticles wrote: »

I have just handed in my notice in my current job as I got a job elsehwere.

I have received an email from my manager which she has received from HR - asking if I have secured a job elsewhere and if so where?

I don't really want to tell them where I'm off to.

Why would they want/need to know?


Tax purposes?

You are under no obligation to provide this information, unless you are going to work for a competitor and your contact of employment contains a clause which precludes you from working for a competitor.

If the above does not apply all you are obliged to do is to give your current employer notice, your notice period will either be set out in your contract of employment or if the contract is silent you are only required to give the notice period provided by statute.

Faolchu

maglite wrote: »

Those clauses that state you cant work with a competitor for X period are non enforceable

keane2097 wrote: »

How so?

basically these clauses could force you into a state of unemployment. not sure if it has ever been legally tested over here though. I remember being told that they cant really be enfourced because to do so would mean that you may not be able to take a job you where offered and could be forced onto the dole. like i said not sure if it was ever tested in a court over here. but unless your in upper managemnet i doubt your employer would try enforce it.

vikingdub

Faolchu wrote: »

basically these clauses could force you into a state of unemployment. not sure if it has ever been legally tested over here though. I remember being told that they cant really be enfourced because to do so would mean that you may not be able to take a job you where offered and could be forced onto the dole. like i said not sure if it was ever tested in a court over here. but unless your in upper managemnet i doubt your employer would try enforce it.

They have been tested, in the High Court as far as I remember and as long it is a condition of the contract of employment, that the period is reasonable and that there is fair remuneration for the period of "gardening leave" the clause will stand.

Faolchu

vikingdub wrote: »

They have been tested, in the High Court as far as I remember and as long it is a condition of the contract of employment, that the period is reasonable and that there is fair remuneration for the period of "gardening leave" the clause will stand.

I stand corrected. but what about if there is no gardening leave? the employee recieves no renumeration and is unemlpoyed because of these clauses

Bandana boy

Outside the EU there is non compete clauses that have been held up -but not in the EU.
Inside the EU what there has been is notice periods which have been held up were you work out your notice outside of the Office.
E.g
You have a three month notice period -they send you home the day you hand in your notice ,you then "garden" for the Three months until your notice period is up then start your new job.

It is the holy grail between Jobs but quite rare to go up to or exceed Three months.

vikingdub

Faolchu wrote: »

I stand corrected. but what about if there is no gardening leave? the employee recieves no renumeration and is unemlpoyed because of these clauses

There there is no case to be answered.

As I stated above conditions of this nature must be set out in the contract of employment otherwise they have no legal standing. Where such conditions are set out in the contact they must be reasonable, in other words an employee must be compensated for denial of access to employment for a specified period.

Fu Manchu

So is it the current employer that you are leaving that is obliged to provide remuneration for the period of garden leave?

What about the new employer who is seeking to take on the individual. Have they any obligations to the person who may effectively be rendered unemplyed for a period of time due to such a non-compete clause?

godtabh

current employer basically tells you to stay at home while you work your notice. they pay your wage up to the point that you no longer work for the company.

Misticles

I've been told to fill in a leaving survey and to bring it along to my leaving interview.

It says on the top its voluntary so I'm within my rights to not fill it in.

Basically asking why I left, rate my relationship with workers, responsibilities, NEW JOB, SALARY etc!

so dam nosey!

COUCH WARRIOR

They might want to offer you more to stay:)

mr.interested

Misticles wrote: »

I've been told to fill in a leaving survey and to bring it along to my leaving interview.

It says on the top its voluntary so I'm within my rights to not fill it in.

Basically asking why I left, rate my relationship with workers, responsibilities, NEW JOB, SALARY etc!

so dam nosey!

Why nosey? It's for statistical purposes -- you don't need to answer the questions unless they were agreed by you on the contract.

Look -- if you're leaving the company because you were offered higher salary, then it helps your former employer to do reality check. It's nothing nosey about it. Nosey is when a prospective employer asks you about your current or past salary

the_syco

Delancey wrote: »

Not sure they are all non-enforceable but it is true that they are notoriously difficult to enforce other than at very high levels.

I've heard of a few companies who gave you a post-dated cheque that you can cash at X date in Y amount of weeks/months, with the understanding that the cheque will be cancelled if you work within the timeframe. They may also add a "bonus" into the final sum as an incentive for you to stay "not working". Not really sure if companies still do this now, but they'd be doing this to people that have a "following" (clients) who may bring a client base with them.

vikingdub

Misticles wrote: »

I've been told to fill in a leaving survey and to bring it along to my leaving interview.

It says on the top its voluntary so I'm within my rights to not fill it in.

Basically asking why I left, rate my relationship with workers, responsibilities, NEW JOB, SALARY etc!

so dam nosey!

Leaving questionaires/interviews are standard practice, where used properly they help an organisation to review staffing policies, salaries, etc. If all employees leaving an organisation were open and honest in their answers and the responses were used propertly and acted on, the organisation could address issues of concern, for example, bullying or other unacceptable behaviour or practices. However, most people just give bland answers at interview or throw the questionaire in the bin.

It is completely voluntary and could not be made otherwise, it could not be a condition of employment that the employee agrees to attend a leaving interview/complete a questionnaire, to suggest such a thing is imply nonsense.

vikingdub

Fu Manchu wrote: »

So is it the current employer that you are leaving that is obliged to provide remuneration for the period of garden leave?

What about the new employer who is seeking to take on the individual. Have they any obligations to the person who may effectively be rendered unemplyed for a period of time due to such a non-compete clause?

Gardening leave only exists if it is an elment of the contract of employment otherwise it has no status. When an employee signs a contract with a gardening leave clause, he/she is aware that if he/she accepts employment with a competitor organisation that he/she will not be able to commence employment with the new organisation until such time as the period of gardening leave ends. During the period of gardening leave the current employer pays the employee.

The employee has an obligation to fulfil the conditions of his/her contract of employment and would be aware of when he/she would be in a position to commence employment with the new employer.

Your suggestion that a person is "rendered unemployed" in such a situation is nonsense.

In a case where an employer terminated the employment, it could be difficult to enforce such a clause if the employee was able to claim that during the gardening leave period he/she secured employment with a competitor. The Courts have found that gardening leave is legal and enforceable provided it is reasonable.