Gardening Leave

horseone

Apologies if this is not the appropriate forum.

I work for a Corporate Bank, have done so for 3 years. I've just accepted (verbally) another position with a rival bank (albeit in a different line of business).

Any tips on encouraging my boss to put me on gardening leave when I resign?

Appreciate that contractually gardening leave does not affect length of notice period, merely boots an individual out the door rather than having them work out that notice period in the office.

I suspect once gardening leave is invoked, it would be much easier to negotiate termination of contract than if I was forced to work out my notice period.

The key driver for me is when I can start the new role, my prospective employer wants me ASAP.

Any advice from somebody who has faced a similar situation?

thanks.

JustAThought

You're in a good job, and have been lucky enoughto have secured another good job, but rather than giving your notice & leaving you want your current employer to pay you so you can have a double income while you start your new job?

Seems a bit unfair on the taxpayer who is underwriting both jobs in the banks.

Once you give notice and tell your boss where you are going they might decide they want you out of access to their files & systems & give you pay in lieu of notice . Otherwise suggest you bite the bullet & ask or quit to ensure you keep your new job.

If an employee asked me for gardening leave I wouldn't think much of them - it's typically reserved for people you want to get rid of & don't want around of very senior executives ( ie at board & director level). I wouldn't want it on my reference -particularly in a small corporate world like Ireland's banking system.

Good luck with your new role btw : )

ResearchWill

horseone wrote: »

Apologies if this is not the appropriate forum.

I work for a Corporate Bank, have done so for 3 years. I've just accepted (verbally) another position with a rival bank (albeit in a different line of business).

Any tips on encouraging my boss to put me on gardening leave when I resign?

Appreciate that contractually gardening leave does not affect length of notice period, merely boots an individual out the door rather than having them work out that notice period in the office.

I suspect once gardening leave is invoked, it would be much easier to negotiate termination of contract than if I was forced to work out my notice period.

The key driver for me is when I can start the new role, my prospective employer wants me ASAP.

Any advice from somebody who has faced a similar situation?

thanks.

Gardening leave means while you don't have to go to work, you can not during the time work for anyone else, as it is the notice period. So if company puts you on such leave then you have to wait till the end of notice period to start new job. Your best bet is to ask will they waive notice period and let you go straight away.

valleyoftheunos

Depending on your role with the bank and if Gardening leave would even be on the cards it's possible you won't be allowed back to your desk after you give notice and you'll be paid regardless.

Sacksian

horseone wrote: »

Apologies if this is not the appropriate forum.

I work for a Corporate Bank, have done so for 3 years. I've just accepted (verbally) another position with a rival bank (albeit in a different line of business).

Any tips on encouraging my boss to put me on gardening leave when I resign?

My experience is that you'll only be put on garden leave if you're in a senior position or have access to confidential/sensitive information.

So, it's generally not a case of encouraging your boss to put you on garden leave, it'll be in their interests to do so or they won't bother.

And you are put on garden leave for the length of your notice period, so you won't be able to take up a new position before that expires.

horseone

JustAThought wrote: »

but rather than giving your notice & leaving you want your current employer to pay you so you can have a double income while you start your new job?

Seems a bit unfair on the taxpayer who is underwriting both jobs in the banks.

JustAThought - couple of broad assumptions you've made worth correcting. I don't work for an Irish bank and they have not been baled out by any taxpayer. Furthermore I'm not looking for double pay, I'm simply looking for a speedy transition into my new job.

ResearchWill wrote: »

Gardening leave means while you don't have to go to work, you can not during the time work for anyone else, as it is the notice period. So if company puts you on such leave then you have to wait till the end of notice period to start new job. Your best bet is to ask will they waive notice period and let you go straight away.

ResearchWill - this would be ideal for me. However I don't see it as a runner given my current workload. I would be good for working out a 1 month notice period, but my boss may push for anything up to 3 months. Although my contract from 3 years back, stated a 4 week notice period, I only recently became aware of retrospective changes to T&C's at my level. One such change is a trebling of that notice period. I have not signed a new contract and my level has not changed so it's dubious how enforceable this retrospective change is. Although my original contract allows for such minor and non-fundamental changes, it's arguable if a trebling of notice period fits that category. I would say not. Hence my thinking on the gardening leave route.


I understood that once gardening leave is invoked to cover a contractual notice period, negotiations(with HR) for earlier contract termination would be easier and more attractive for the employer since the employee is effectively being paid for nothing.

There's 2 parts to this: -
1) my line manager putting me on gardening leave at his discretion
2) HR discretion on early contract termination once on gardening leave

Appreciate there's a few variables to this, was keen to hear from anybody previously faced with a similar situation and what that eventual outcome was.

In any case I guess I'll know the lie of the land this coming week

Thanks for the replies folks.

Schnitzel Muncher

OP, did you change the initial post? I read it as you trying to get money out of your current employer...

horseone

Definitely not, simply trying to move between jobs as quickly as possible.