A question about garden leave

[WilloughbyWallabyWoo]

This is rather premature as I have only just applied for a job at a competitor firm but was wondering what would be the situation if my current employer decided I couldn't/shouldn't work my notice.

Would they be obliged to pay the three months up front, or pay monthly for three months but I wouldn't go in,or is there a way they could wheedle out of it altogether and make me start at the new employer straight away?

I'm certainly not counting my chickens, just desperate to leave! Thanks

If you want to go with immediate effect and your employer agrees that's fine.

They can require you to work your notice

If there's a garden leave clause in your contract, they can enforce that.

I can't see why they would pay you your notice as a lump sum and let you go immediately- no benefit for them.

Do you have any restrictive covenants regarding working for a competitor?

Wouldn't it mostly be down to how you negotiate your exit? The notice period, from either Party, forms part of your terms and conditions, to by not adhering to them you're looking to negotiate really.

As an aside, a friend with three months notice is leaving tomorrow has agreed to only work six weeks. A lot will depend on your specifics - my industry it's known that you may go on "gardening leave" to effectively distance yourself from what you know in and of the current employer, before you start at the new one, e.g. That you're not involved in tendering for the same piece of work. So you'd still be paid monthly until you actually left our employment. Being paid upfront is effectively negotiating being paid in lieu of notice.

Negotiating this at the min, they pay you as normal and you are still considered an employee of your current company but can't do any work or come into work and you can't start your new job either. You can
negotiate a sooner end date, which would enable you to start your new job more quickly, but you wouldn't get a lump sum payment in lieu of the notice period not worked.

A lot if it depends in what sort of info you are privy too, if you could take clients with you or if you are likely to be disruptive.

Do you know what generally happens to leavers in your company? They may be wary if setting a precedent, particularly as they have a longer notice period.

Thanks for your replies. I don't know what has happened with others and I won't take clients with me but I am privy to some information that they wouldn't want me to be involved with on notice. I guess they could make me do a lesser job for three months but getting me to do my current job but withholding info would be a pita. Hmmm... Fingers crossed!