garden leave

[slogger]

Hi,
I'm leaving permanent employment to go contracting via my own Ltd company, my current firm was very good initially but now insist I work 1 month of my two months notice (fair enough) - however that I then take a months garden leave - the clause in my permanent contract being not to take employment elsewhere during this period.
Also specifically states I wont be needed after first month when at home - ie not allowed back on site/no phone/remote access etc.

Current firm not willing to budge on this, however company I want to start contracting at now want me to start asap due to issues at their site..my question is can I start work during my months garden leave at client, however invoice client but not pay myself for first month...my limited understanding leads me to think this should be ok as I wouldnt be going into employment as stated in current contract of employment! Also not a competitor to current role so no conflict of interest.

Ideally like to spend a month on the bench but keen to please new client!

Thanks

Slogger :-)

[SofaKingdom]

not to take employment elsewhere during this period.

My take would be that you would be in breach of that clause as you would be employed by your own Ltd. Having said that I also wouldn't worry about that in the slightest as unless your former employer finds out and is spiteful enough to use this to try and somehow not pay you your last months salary then I can see no harm in taking the contract.

So my opinion would be just take the contract and please the new client and earn two incomes for a month.

[MarillionFan]

Hi,
I'm leaving permanent employment to go contracting via my own Ltd company, my current firm was very good initially but now insist I work 1 month of my two months notice (fair enough) - however that I then take a months garden leave - the clause in my permanent contract being not to take employment elsewhere during this period.
Also specifically states I wont be needed after first month when at home - ie not allowed back on site/no phone/remote access etc.

Current firm not willing to budge on this, however company I want to start contracting at now want me to start asap due to issues at their site..my question is can I start work during my months garden leave at client, however invoice client but not pay myself for first month...my limited understanding leads me to think this should be ok as I wouldnt be going into employment as stated in current contract of employment! Also not a competitor to current role so no conflict of interest.

Ideally like to spend a month on the bench but keen to please new client!

Thanks

Slogger :-)

Slogger. How would your present employer know that you were contracting during the garden leave period????

[slogger]

Slogger. How would your present employer know that you were contracting during the garden leave period????

Possibly(hopefully!) not, however offices only
a couple of miles away....

[ASB]

If you do what you suggest you will be in breach. There is the potential for your current employer to get bothered, but will they?

It is up to a restrainer to show you are in breach, not for you to show you are not. The only place this can actually be decided is a court. The chances of them doing this would be low - but it could happen. In any event they will happen to prove loss, so unless you are contracting at a direct competitor how are they going to do this?

Should they approach you and whine the correct answer is usually "well sue me then". The potential consequence is that they do, but it's very rare.

[eliquant]

Also don't tell your current employer where you are going if you haven't done so already - I never do, a right bunch of sneaky winkers I've come accross in my time that will do anything on a whim to try and ruin things in your next contract.

[MarillionFan]

That's my point. They won't know unless you tell them.

I'd do it. Double bubble!