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Original poster

Give up garden leave?

22 replies

groundhogyear · 05/10/2021 17:06

DH has resigned, he's in middle/ senior management. Has been very disillusioned in current job for last 18 months. Last 18 months have also been pretty tough (as they have for everyone). Extraordinarily it looks like his current employer will put him on garden leave unexpectedly. I would love this as he could do with a break and would help us as a family get back on top of things. However his new employer wants him to start ASAP (and he is somewhat keen to do so), and likely his current employer would let him leave early.

I think he's mad to do this ? At best he'll start on mid November so I'm not sure that is ideal and won't have enough accrued holiday for time off at Christmas (he has loads left now but that will be taken off his garden leave so realistically he would only get 3-4 weeks garden leave).

OP posts:

JasonMomoasgirlfriend · 05/10/2021 17:11

I think it's up to him?
Also if the new employer holiday year runs April to march he might be able to take a week or so off over Xmas?

If it was me I'd plan to have a week or two off between changing companies because I do think it looks bad to ask for holiday when you've just started. Or if he takes the new job and starts asap he could just say "by the way I have a two week Xmas holiday booked already" and they should honour that...

Original poster

groundhogyear · 05/10/2021 23:09

The holiday is a bit of a mess. His year changes to J-D, so would have to borrow from next year, which doesn't work. I guess to me it feels like you never get paid time off and I'm not sure any desire for his new employer to get him earlier than anticipated, outweighed this. I know when he starts his new job it will be all consuming so I guess I was hoping for some time for us to catch up before hand.

OP posts:

JasonMomoasgirlfriend · 05/10/2021 23:12

Yeh I understand. The employer won't be expecting him to start earlier it would just be a bonus to them.
I would take gardening leave personally but I do think it is your husband's choice

Lockdownbear · 05/10/2021 23:20

Could he get a mix of gardening leave / cash settlement from his existing company. Using the cash so he can take unpaid leave over Christmas without loosing money?

SinoohXaenaHide · 05/10/2021 23:23

Surely establishing the situation for Christmas could be negotiated as part of agreeing a start date? His time off over Christmas could easily be managed as unpaid leave rather than borrowing from next year's holiday allowance.

But he should have at least a week down-time between jobs.

JazzyBBG · 05/10/2021 23:31

Take the gardening leave - why wouldn't you?!

Also if new company putting pressure on and he starts early if he is still being paid by former company 1 - he could get taxed to the hilt and 2 he could get in trouble for breach of contract.

MissCreeAnt · 05/10/2021 23:49

I dunno, a new job is not really yours until you've actually started. Of course I can see the appeal of gardening leave, but starting early would be more secure than just trusting the new job will still be there after Christmas. Assuming the money/tax side can be sorted. And the sooner he starts, the sooner he'll have been there 2 years and starting to get some half decent employment rights.

MrsTerryPratchett · 05/10/2021 23:54

Take the gardening leave - why wouldn't you?!

Because doing something useful is important. Because working is useful. Because working to earn rather than doing nothing is a matter of pride.

But I do have a job where I chose it based on genuinely believing it was important. Some people don't.

Pikamoo · 06/10/2021 06:11

I'd first check with his current employer whether they would allow him to not take the gardening leave. My experience of gardening leave is that it is taken during the employees notice period so you still "belong" to your employer unless you want to leave without giving notice.

LivingLaVidaBabyShower · 06/10/2021 06:15

@JasonMomoasgirlfriend

Yeh I understand. The employer won't be expecting him to start earlier it would just be a bonus to them. I would take gardening leave personally but I do think it is your husband's choice

This. There would be no expectation he start before. He'd be silly to not take it IMO

But then i like spending time with my family so...

AuntieJoyce · 06/10/2021 06:20

Up to him surely. Does new job pay more?

He will get paid accrued holidays from
Ex employer.

Negotiate Christmas leave and take any non accrued days as unpaid leave

A couple of weeks off in between would be nice. I moved jobs late last year and maximised holiday pay by going from one to other. I’ve regretted it as new role is very full on

Doyoumind · 06/10/2021 06:28

I agree he should negotiate Christmas leave when discussing his start date. That makes perfect sense. If they want I'm early they can compromise on that.

Doyoumind · 06/10/2021 06:28

*want him

chocolateorangeinhaler · 06/10/2021 06:32

Ultimately his business not yours. He may be at a point mentally where if he stops for any reason now he will never get back into it. Have you asked if that's the case?
He may want to get in new company early to get his head round all the systems and procedures before the end of the financial year, which will be a really busy time. Have you asked him if that's the case?
He may not be bothered about having a ton of time off at Christmas. Not everyone is massively into taking time off in December. Have you asked him if that's the case?

It's one year. Next year he will have enough holiday to take more time off in December- if he wants to.

BarbaraofSeville · 06/10/2021 06:57

If they've put him on gardening leave, isn't the purpose of that to prevent him from starting with a new employer straight away, so legally he can't do so if its in his contract?

If he's senior then he could have a 3 month notice period and his new employer will be used to that as its fairly standard, and it sounds like his old employer are looking to enforce these terms.

Unless his old employer starts telling him 'if you can't start straight away we'll find someone else' (unlikely?) then he should probably take advantage of some paid time off and start afresh in the new year.

Or perhaps see if he can not formally start until then, but perhaps do some informal (paid or unpaid) 'orientation' or getting to know you sessions with them? Have a few meetings, meet his team, find out more about the key objectives and any problems that he'll be expected to solve, so he can hit the ground running after Christmas, but still have a bit of a break?

Blossomtoes · 06/10/2021 11:30

If they've put him on gardening leave, isn't the purpose of that to prevent him from starting with a new employer straight away, so legally he can't do so if its in his contract?

That’s my understanding of it too. I don’t think it’s his decision.

RB68 · 06/10/2021 11:34

Gardening leave you are still under contract with previous firm so can't start immediately. I would be wary of a firm that desperate for me to start to be honest - might be a can of worms and v stressful which may not be the best situation for him. I understand the need to want to do something but maybe take the opportunity to do something for charity that is completely different to his norm for a change of scene and taking a fresh mindset to the next organisation

GoWalkabout · 06/10/2021 11:49

I would take the new job because it will help him stay positive and in momentum. I understand there are other useful things he could do with the time but honestly gardening leave, furlough etc is very demotivating and he seems like he needs to get going. Don't risk it.

Polkadots2021 · 06/10/2021 12:05

@groundhogyear

If they want him they'll wait. For me it's about setting boundaries from the start. He needs the break and your family do too and the company should respect that.

It's a tough call to make though, because it's easier said than done.

Polkadots2021 · 06/10/2021 12:07

Also he'd have to get his old employers agreement to end gardening early. Sounds like he might be a high earner? All my PT clients in those kinds of roles seem stressed up to the eyeballs constantly.

Doubledoorsontogarden · 06/10/2021 12:44

Is it really worth it? If he is still employed by original employer then he will be taxed on new job as a second income.

Also his original employers might treat it as gross misconduct to start another role when legally employed still.

JazzyBBG · 06/10/2021 20:21

@MrsTerryPratchett some of us also have "important" jobs and work hard, very hard but a break like this is once in a lifetime for most. You could do a million things with it; volunteer, travel, see family you normally wouldn't.... sounds a more positive opportunity than jumping straight to the next situation where you don't know when you'll get a break again...

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