What to do about 'Gardening Leave'

opethdisciple · 11 May 2019 at 22:13

So at one point in my career a good 3+ years ago I was put on gardening leave for swearing in the office and had my contract terminated.

I was paid for the month and it took me 6 weeks to find a new job.

I have had a new offer made and am being asked to declare any periods of unemployment longer than 1 month and to give a reason.

Not sure what to do.

Declare it but say I went on holiday, not declare it at all.

The fact I was paid for the month makes me think technically I was still employed so don't need to declare anything.

alx · 11 May 2019 at 23:01

Typically you're still employed by you're company whilst on gardening leave as you're still getting paid. So in this instance I imagine you were only unemployed for 2 weeks, and don't need to declare anything.

Do you still have your termination letter? That might say for certain.

The_Abyss · 11 May 2019 at 23:41

You have not been unemployed for a period of one month or longer. You don't need to declare anything.

End of.

wesimmo · 12 May 2019 at 01:11

The_Abyss said:
You have not been unemployed for a period of one month or longer. You don't need to declare anything.

End of.

+1

Gardening leave is leave, therefore you're employed if not actually working.

Azza · 12 May 2019 at 06:25

I feel this needs more detail! What sort of swearing are we talking about? :eek:

peterwalkley · 12 May 2019 at 10:11

Seems very old fashioned to ask about unemployment periods longer than a month these days. Youngsters getting started don't get the job continuity that was prevalent when I graduated: all too common to have had to bounce around between gigs until you can land something decent.

dowie · 12 May 2019 at 11:16

peterwalkley said:
Seems very old fashioned to ask about unemployment periods longer than a month these days. Youngsters getting started don't get the job continuity that was prevalent when I graduated: all too common to have had to bounce around between gigs until you can land something decent.

It isn’t old fashioned, if anything it is quite modern and related to background checks. Yes young people tend to move around and have gaps, the gaps just need explaining for the background check (sometimes carried out by a third party security company) he’s already had the job offer.

Likewise you don’t put your credit history on your CV but you might well be subject to a credit check, criminal record check etc... in some jobs.

opethdisciple · 12 May 2019 at 11:16

Azza said:
I feel this needs more detail! What sort of swearing are we talking about?

Just used the f word a few times. The real reason why I was asked to leave was the new management that came in where complete *****.

They wanted everyone to put a smile on their faces or your out. (literally)

Deleted member 77746 · 12 May 2019 at 13:54

opethdisciple said:
Just used the f word a few times. The real reason why I was asked to leave was the new management that came in where complete *****.

They wanted everyone to put a smile on their faces or your out. (literally)

You didn't get a first or second warning or a letter just straight up dismissed? Do you think theres not one job where they don't want you to ut a smile on? It's part of every job. Face don't fiy your out the door. It's been happening over and over in companies since day 1 of working life.

opethdisciple · 12 May 2019 at 14:43

But the bottom line is I'm not gonna declare this in my forms.

dowie · 12 May 2019 at 18:26

opethdisciple said:
But the bottom line is I'm not gonna declare this in my forms.

If you’re concerned at all then just e-mail HR at your old firm and confirm with them that your dates of employment are recorded as being from X to Y.

I mean the background check will likely involve them being contacted and asked to confirm your job title and dates of employment.

opethdisciple · 12 May 2019 at 20:26

dowie said:
If you’re concerned at all then just e-mail HR at your old firm and confirm with them that your dates of employment are recorded as being from X to Y.

I mean the background check will likely involve them being contacted and asked to confirm your job title and dates of employment.

But the gardening leave period is counted as 'employment'? I guess it's impossible to say with out actually contacting my former employers to find out what dates they have recorded I worked there.

I could say that between job a and job b I took 1 month off to travel.

It all depends on whether gardening leave is considered employment. Or wether those employees even considered gardening leave as still being contracted to the company.

Jokester · 12 May 2019 at 20:27

My office would be empty if they sacked people for swearing.

Terminal_Boy · 12 May 2019 at 20:40

opethdisciple said:
So at one point in my career a good 3+ years ago I was put on gardening leave for swearing in the office and had my contract terminated.

I was paid for the month and it took me 6 weeks to find a new job.

I have had a new offer made and am being asked to declare any periods of unemployment longer than 1 month and to give a reason.

Not sure what to do.

Declare it but say I went on holiday, not declare it at all.

The fact I was paid for the month makes me think technically I was still employed so don't need to declare anything.

You weren’t on gardening leave. You were fired and paid in lieu of notice.

opethdisciple · 12 May 2019 at 21:31

So what should I do with this form asking me to declare any periods of unemployment longer than 4 weeks?

Should I say I quit that job and went travelling for a month between job a and job b.

Or just say nothing.

Semple · 12 May 2019 at 21:35

peterwalkley said:
Seems very old fashioned to ask about unemployment periods longer than a month these days. Youngsters getting started don't get the job continuity that was prevalent when I graduated: all too common to have had to bounce around between gigs until you can land something decent.

Not only that but if you'd been made redundant it might take longer than a month to find a new job. I guess that's a perfectly valid reason anyway, but still seems strange to ask.

@OP what does your termination letter say? That'll be your official date.

Deleted member 77746 · 12 May 2019 at 21:41

If you say anything about that month they might investigate it and if it comes to light you where sacked without declaring it you will be sacked from the new job as well.

_tucker_ · 12 May 2019 at 21:44

Not going to lie I’ve never heard of the term gardening leave so curiosity got the better of me

opethdisciple · 12 May 2019 at 22:29

Semple said:
Not only that but if you'd been made redundant it might take longer than a month to find a new job. I guess that's a perfectly valid reason anyway, but still seems strange to ask.

@OP what does your termination letter say? That'll be your official date.

I tore it on the day I got it. I didn't want anyone finding out.

This was two and a half years ago now.

opethdisciple · 12 May 2019 at 22:30

_tucker_ said:
Not going to lie I’ve never heard of the term gardening leave so curiosity got the better of me

It's a stupid term