Negotiating garden leave

[BumpandBounce]

I’m a solicitor in a law firm. I handed in my resignation recently. My notice period is 3 months and HR has confirmed my last day of employment which coincides nicely with the start of my new job.

My manager has just been through my caseload and reassigned all my cases to other fee earners with immediate effect, other than a few cases which have imminent court deadlines. I was expecting to have the opportunity to do a proper handover, rather than just be taken off all my matters immediately.

I understand the desire to get me away from my clients in case I poach them. FWIW I have no intention of doing this and my new firm were clear that they had no expectation of me bringing work with me. But I understand the logic of distancing me from clients to protect the business.

When I asked what I’ll be doing for the next 3 months if I have no legal work, I’ve been told they’d like me to help with training on the case management system.

I have no desire to spend my notice period performing a training role. In the past, whenever I suggested undertaking some training of junior fee earners, I was categorically told that my chargeable hours were more important. The irony! I also cannot see how I’d fill a 37 hour week with training.

Would it be unreasonable to ask to be put on gardening leave? I don’t want to be difficult and obviously want to exit the business as smoothly as possible. But it feels like a massive piss take to strip me of my cases then expect to utilise me in other ways because it suits the business.

I’m not sure of my rights, if any, relating to gardening leave nor how to approach the request. Perhaps I should just loudly telephone a few clients in the middle of the office to tell them where I’m going..?!

What are you negotiating with? They might accept you leaving earlier with your notice unpaid, it would be unwise to use unprofessional conduct as a negotiating tactic.

Asking you to do training is not an unreasonable request.

I've been there before twiddling fingers in the office just incase they needed a question answering during my notice, its not great but got paid for doing essentially nothing for 3 months. Find something online to do to fill your time.

There is no right to garden leave and they can use you how they like (within reason) for your notice period. So cleaning toilets is probably unreasonable and you’d have the right to walk out and say you regard yourself as dismissed with immediate effect, but what they’ve asked you to do isn’t unreasonable.

You can ask to exit earlier and expect that you will only be paid for the time worked, so you will have a shortened notice period. But gardening leave is generally not something that you can negotiate.

Do you have holidays owing?
Talk to the managing partner, tell them you will not be advising clients you are leaving and poaching them. Ask them to give you your cases back.
If not just let them know that you arexa lawyer, not a trainer and you won't be undertaking that role - so what do they propose - you are happy to go on gardening leave.

Agree with others gardening leave isn't a right. By all means have a conversation about options but don't go in all guns blazing. You never know when and where you might cross paths again.

I have been in this situation. I WFH a lot, sorted my files, did research on new place, new policies etc, took some leave, went on long lunches with lovely colleagues. It was pretty dull but got the old workplace out of my system before starting the new one.

Thanks for all the replies.

I’ve accepted that it’s going to be a very dull few months but, as I mostly WFH, I’m going to make the most of the time. It’ll give me the chance to internet shop for a new corporate wardrobe and catch up on life admin.

I’ve also been invited to lunch with new colleagues so feeling positive about the future. 😁