On garden leave

[notmrscookie]

My son handed in his notice last Thursday and confirmed his end date on letter.
His work sent him home .
He started his new job Monday. Today Wednesday he receives an email saying he is on garden leave till 8th October and shouldn't start his new job till then.

Where does he stand pls?

How come he started his new job when he was on a month’s notice of his old job? Surely he told the new employer he wasn’t available, which they would have expected?

What does his contract say?

What was his notice period? I'm assuming a month, since that takes us to 8th October? Did he think the notice period had been waived?

Garden leave means he is still employed by his employer and must be able to respond to any request to work. He had no right to start a new job during that time. It wasn't his employers responsibility to explain this to him - it was his to know, or to find out. I would strongly advise he tell the former employer, because if they pay him then find out he worked somewhere else, he coyote be in a great deal of trouble. He is being paid to work - or to stay at home - by the former employer. Not to get double wages.

He will have to work his notice , be that at work ,on garden leave , or using accrued holidays .
Officially he still needs to be available for his current employer to contact him and even bring g him back into work if its deemed necessary during this time.

Also having two paid jobs at the same time will monumentally screw up his tax payments as the tax he will pay on his 2nd job will be really high.

Did he not expect to work his notice? Very bizarre. No of course he cannot start a new job whilst working notice / on gardening leave.

Being young he wasn't aware of things.The company has previously made people go as soon as they have handed in there notice as they handle high valve goods and started new jobs very soon after.

His company have taken all his access passes , uniform etc and owe him 8 days leave which they have asked him to book but admit they are unable to add him to system again to book it .
They will not pay hoilday unless it is booked but were unable to confirm hours until after he resigned

Just say nothing, they'll never find out unless you broadcast it.