GARDEN LEAVE/BREACH OF CONTACT

MERCEDES67

I handed my notice in to my employer of 20 years three weeks ago. Within Two days, I was put on Garden leave by Sales Director. I have to spend 6 weeks on Garden Leave.

I handed back my Phone, Laptop etc. I had a exit Interview with the Sales Director. We left on Good Terms

I am going to a Direct Competitor, I work in a Very Small Industry so it got the Jungle drums going for a week.

My New Employer was heard that My Current Employer is looking to issue us with A Breach Of Contact Notice.
I am leaving a family Business and the Owner has taken it personally.

It has me a bit worried and I am wondering, What should I do ?

Bicycle

Check the terms and conditions of your contract of employment. Is there anything in them stating that you cannot work for a competitor within a specified period of time?

Also do a search for similar type cases. I know (but cannot remember exactly which ones) that there are cases where a protracted gardening leave plus embargo on working for a competitor was deemed excessive.

After that, contact Workplace Relations AND an Employment Law Specialist.

OMM 0000

MERCEDES67 wrote: »

It has me a bit worried and I am wondering, What should I do ?

You don't have to get a solicitor involved.

Take a wait and see approach.

If it does come to court, it would be a civil case.

Read more about possible penalties here:

https://businessandlegal.ie/damages-in-civil-actions-in-ireland

I really can't imagine this going to court though.

AndrewJRenko

Is there any non-compete requirements in your contract with your old employer?

Rows Grower

MERCEDES67 wrote: »

I handed my notice in to my employer of 20 years three weeks ago. Within Two days, I was put on Garden leave by Sales Director. I have to spend 6 weeks on Garden Leave.

I handed back my Phone, Laptop etc. I had a exit Interview with the Sales Director. We left on Good Terms

I am going to a Direct Competitor, I work in a Very Small Industry so it got the Jungle drums going for a week.

My New Employer was heard that My Current Employer is looking to issue us with A Breach Of Contact Notice.
I am leaving a family Business and the Owner has taken it personally.

It has me a bit worried and I am wondering, What should I do ?

Do a bit of gardening.

MERCEDES67

I have spent the last three weeks at home painting etc. Going on Holidays next week. I have heard nothing from my old employer after the exit interview. I voluntary handed back my company car as it had a tracker. I did not want to be using it for social and domestic purposes. A number of people have tried to contact me on my personal phone and social media. I have replied to everyone stating I am on Garden leave until December 17th. I may be being paranoid ?

OMM 0000

Does your contract actually state you can't work for a competitor for X amount of time?

And yes, I think you're being paranoid. People do these sorts of breach of contracts all the time.

Xterminator

Hi

how can anyone advise you about breach of contract without you disclosing some of the details?

Did you /are you planning to breach your contract? did it have a non compete clause? Or are you not working out your leave, or some other contact clause? c

If you are not breaking anything written in your contract, then you have nothing to worry about.

If you are planning to do something that skirts close to it (or completely ignores your contract), you should consult a lawyer. Anecdotally a lot of the clauses employers like to use may not be legally enforceable. It may however still end up in court if your employer is taking it to heart.

have a read here

https://employmentrightsireland.com/tag/non-compete-clause/

skallywag

As others have said, any competition clauses must be clearly called out in your employment contract (and even if present they may not always even be valid).

If there is nothing in there then you have nothing to worry about.

If someone from my team was going to a direct competitor then I would also immediately put them on gardening leave, this is very normal.

Jim2007

MERCEDES67 wrote: »

I have spent the last three weeks at home painting etc. Going on Holidays next week.

Who gave you permission to go on holidays? Gardening leave is not holidays, you are expected to be available to come into the office if requested to do so by your employer, you’re still on their payroll and you are required to follow the normal holiday request process.

Normally it would not be an issue, but if as you say the guy is out to get you, he might suddenly decide you are needed in the office every day if he finds out you have gone on holidays. I have a friend who had that happen to him, kept being called into the office for an hour or so everytime nice weather was forecast just in case he would enjoy himself.

LimeFruitGum

In my industry, sales people and senior management are always put on garden leave when they give notice. No way would the company want the risk of those people copying files etc whilst working through their notice. But yeah, check your contract if you still have it, or request a copy if you don’t.

rd1izb7lvpuksx

MERCEDES67 wrote: »

I
Going on Holidays next week. I have heard nothing from my old employer after the exit interview. I voluntary handed back my company car as it had a tracker. I did not want to be using it for social and domestic purposes. A number of people have tried to contact me on my personal phone and social media. I have replied to everyone stating I am on Garden leave until December 17th. I may be being paranoid ?

Just be careful here - gardening leave is not annual leave (although you may be required to take annual leave during this period.

During the gardening leave period, you may be required to be contactable, so ignoring everyone may not be wise.

seamus

Non-compete clauses in Ireland are effectively unenforceable.

A clause which "bans" you from taking up employment with another company is unenforceable, it's a breach of your statutory rights.

What companies may do is take a certain amount of time to protect their business interests, and typically this means that the former employee is not permitted to solicit business from the company's clients (and sometimes suppliers) for a set period of time. Usually six months, but up to a year may be possible. It has to be clearly defined and proportionate.

Solicit is a keyword here; this doesn't mean that the new employer is banned from taking these clients. If a client voluntarily and without solicitation decides to "follow" the employee to their new company, the old company can't do anything about that.

What's happening at the moment sounds like rumours, but it would be no harm to get ahead of it. Find out what this supposed action is, even talk to the old employer to find out what their concern is.

As said above, ensure that during your gardening leave, you are not doing any work for the new employer. You are still technically employed by the old employer, and competing with your own employer is a de facto breach of contract. You are correct to respond to queries with "I am on gardening leave until...". If a client is trying to find out where you're going, you have to basically keep schtum until your last day.

Don't worry about the "you need to be contactable", "you need to be available to come into the office" stuff above. What are they going to do if you don't? Fire you?

MERCEDES67

Thanks,

I am on hoildays in Ireland, and have heard nothing,,,so far.

OMM 0000

MERCEDES67 wrote: »

Thanks,

I am on hoildays in Ireland, and have heard nothing,,,so far.

Does your contract actually say you cannot work for a competitor?