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6-month notice period and garden leave

(14 Posts)
JeanSeberg Mon 03-Feb-14 15:20:49

I have a 6-month notice period and am planning to resign.

Is it likely they would make me work my notice period or would I probably be put on garden leave as they wouldn't want me here for an additional 6 months, potentially gathering information I could take to a competitor?

Has anybody been in this situation?

PlasmaBall Mon 03-Feb-14 15:26:12

Depends entirely on what you do and who you work for.

I have worked in situations where people have been practically marched out of the door as soon as they resigned but I have also worked with people who were "made" to work every minute of their notice.

Tory79 Mon 03-Feb-14 15:26:30

Where I used to work in hr, it depended on the individual circumstances - sometimes people worked their notice, sometimes they were put on gardening leave or sometimes we agreed a shorter notice period, often when they had a new role to go to and were keen to start ASAP!

If someone was considered a 'threat' or we're leaving in slightly auspicious circumstances then it was usual to put them on gardening leave, however generally we preffered to negotiate the reduced notice period to save paying someone for doing for doing nothing!

Do you have another role to go to?

PlasmaBall Mon 03-Feb-14 15:29:06

I agree Tory, I think most employers balk at the idea of giving someone a "free" 6 months. My personal stance tends to be that if the leaver is going to gather info useful to a competitor etc they will have done it before they hand in their notice, so garden leave makes little sense.

Bramshott Mon 03-Feb-14 15:39:53

It depends completely on the sector. I work in the charity/arts sector and had never even heard of gardening leave before I met DH, who works in a marketing/agency field.

JeanSeberg Mon 03-Feb-14 15:48:10

Thanks for the replies. No I don't have another job to go to.

I take the point that I could have already gathered lots of information (I haven't by the way and I've no interest in working in this industry again) but I'm working on some confidential projects where new information would be coming in every week so I'm sure they would want to restrict that.

I'd make sure I got the full 6 months' pay if they did put me on garden leave.

PlasmaBall Mon 03-Feb-14 15:56:16

If i was managing you, Id be looking to tf you to other projects while you worked your notice, could even be clearing out the stationery cupboard!. Not always possible and i know not what you want to hear but i would find it very difficult to pay you to stay at home for 6m without trying to find an alternative.

ceeveebee Mon 03-Feb-14 15:56:30

Depends what you do. At my company, most senior people are put on garden leave for the reasons you state. When I resigned I had to work more or less my whole notice because I am in a legal/compliance role and you are legally required to have one of "me" as a plc so I had to stay until they recruited. Which was pretty frustrating as was looking forward to a break between roles!!

JeanSeberg Mon 03-Feb-14 16:01:09

Plasma I'd be more than happy to work my notice period, clearing out the stationery cupboard even better as I would have no responsibility but the same salary. I have no job to go to and no time scales. I want to leave on good terms - but I'm not prepared to be messed about either.

PlasmaBall Mon 03-Feb-14 16:07:18

Why do you think youre going to be messed about? They have to pay your notice and you have to be available to work it, unless you negotiate/agree otherwise. There's no room for ambiguity

JeanSeberg Mon 03-Feb-14 16:12:07

We'll see what happens, hopefully all will run smoothly.

flowery Mon 03-Feb-14 19:30:58

If you're more than happy to work your notice period, even clearing out the stationery cupboard, what do you think they could do that might constitute messing you about? confused

Whether they will want you to work your full notice will depend entirely on what their usual practice is, what the job is, how easy it is to remove sensitive stuff from you, and what risk there is from you working it as opposed to not working it.

JeanSeberg Tue 04-Feb-14 09:49:21

I'm not concerned flowery, I'm just prepared that I will have to negotiate certain points, especially my bonus.

I want to get out of here asap but need to make sure I don't overlook anything.

flowery Tue 04-Feb-14 12:46:21

I see. In the context of a thread asking whether your employer is likely to make you work your notice period, expressing that you don't want to be "messed about" does imply that you think they might do something relating to whether you work your notice period or not that you feel constitutes "messing you about".

If it's your bonus you are (not) concerned about in terms of being messed about, unless the terms and conditions of your bonus scheme are not clear, it shouldn't be something you need to negotiate. Unless you feel you have some kind of legal claim against them you're not in a particularly strong position to negotiate anything as someone who has handed their notice in tbh.

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