What to do about 'Gardening Leave'

Alternatively I just say there was a period of x weeks between job a and job b where I had quit and was looking for a new job.

Are they really going to go back and ask job a what where the circumstances?

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This is what I think I am going to go with.

As for how they would check circumstances... surely they would only contact the reference I give anyway rather than randomly call up old company and ask...
 
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opethdisciple said:
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.
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It should be counted, I’m just saying if you were concerned about it then you could just check with HR the exact dates of employment they have for you before you send off the form.

But basically if they’ve sent you home and told you not to come back but have paid you for the month then your employment ends at the end of that month long period, you’re unable to take up other employment at say a rival or client etc... (which is what gardening leave is often used for)
 
dowie said:
It should be counted, I’m just saying if you were concerned about it then you could just check with HR the exact dates of employment they have for you before you send off the form.

But basically if they’ve sent you home and told you not to come back but have paid you for the month then your employment ends at the end of that month long period, you’re unable to take up other employment at say a rival or client etc... (which is what gardening leave is often used for)
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Yes. That was exactly the situation.

So based on the answer I get back from HR (if any) I either leave this section blank or I say that I quit as the job wasn't going in the direction I was looking.

How would they know otherwise, other than from my reference?
 
opethdisciple said:
Yes. That was exactly the situation.

On the form I am filling in listing all my previous employees they can see that between job a and job b there was a 6 week gap. Gardening leave or not being counted I still need to give a reason.

I'm going with I quit as the job wasn't going in the direction I had hoped.

How would they find out?
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Why a 6 week gap? I thought you had a 2 week gap? Or were you sent home and had a months notice and then had 6 weeks on top of that so more like 10 weeks from being sent home to starting a new job?

As for how they’d find out about you being dismissed, well the length of the gap is irrelevant to that, they might find out if they ask your former employer or indeed if your former employer offers up the information.
 
opethdisciple said:
Alternatively I just say there was a period of x weeks between job a and job b where I had quit and was looking for a new job.

Are they really going to go back and ask job a what where the circumstances?

---

This is what I think I am going to go with.

As for how they would check circumstances... surely they would only contact the reference I give anyway rather than randomly call up old company and ask...
Click to expand...

I assume you're currently going from job B to job C? I would imagine they'd only want a reference from job B, so would say it's unlikely they'll go back to job A to enquire about why you left. I work for a big tech company and all we get in terms of a reference is "This person worked in the role of X between the dates of Y and Z".
 
opethdisciple said:
It's a stupid term
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opethdisciple said:
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.
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Gardening leave is counted as employment as it’s just like your notice period, but you’re not required to attend your place of work nor carry out your regular duties during this period.
 
dowie said:
Why a 6 week gap? I thought you had a 2 week gap? Or were you sent home and had a months notice and then had 6 weeks on top of that so more like 10 weeks from being sent home to starting a new job?

As for how they’d find out about you being dismissed, well the length of the gap is irrelevant to that, they might find out if they ask your former employer or indeed if your former employer offers up the information.
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Its 6 weeks as although the gardening leave spanned a month, it took me an additional 2 weeks to find a new job.
 
There are two thoughts that spring to mind here.

1. If you are sacked then isn't it normally immediately without garden leave unless it's defined as a suspension?
2. Sacked for swearing? Surely you have a case for unlawful dismissal surely. isn't there a disciplinary procedure? verbal written etc.. before hand?
 
opethdisciple said:
Its 6 weeks as although the gardening leave spanned a month, it took me an additional 2 weeks to find a new job.
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So it isn't a > 1 month gap then.

If you've destroyed your P45 and are worried then why not just drop a quick e-mail to HR at your former employer?

You know you've been paid for another month ergo were employed for approx 1 month longer than you were actually turning up at the office. If you want the exact dates then contact your employer.

I'm not sure why you're still citing a 6 week gap in here.
 
So I shouldn't list anything on the form where they ask me to tell them why I have gaps of 1 month or more?

6 weeks was the time between when I was placed on gardening leave to finding a new job.
 
As others have said. If you were genuinely on gardening leave then your termination date (final day of employment) will have been the end of the time on gardening leave. You were then unemployed for a two week period following that.
You were not unemployed for 6 weeks, you didn't work for 6 weeks but that's a different thing to being unemployed.
 
opethdisciple said:
It's a stupid term
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Not really. When I applied for voluntary redundancy I got accepted and placed on gardening leave for the 3 month notice period - I did a lot of gardening during that time (and build a pond!).

Normally during the notice period you are debarred from starting employment with someone else, hence the term gardening leave (i.e. you're still employed but on leave).
 
opethdisciple said:
So I shouldn't list anything on the form where they ask me to tell them why I have gaps of 1 month or more?

6 weeks was the time between when I was placed on gardening leave to finding a new job.
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The time period you're interested in is the time between your employment officially ending and your next period of employment officially starting.

If that is a month or longer then you mention it and state what you were doing in that time period - namely searching for a new job.

If less than one month then you don't mention it.

That is all there is too it. The confusion seems to be that you seemingly don't know what date you ended your employment at that employer - in which case why not just drop a quick e-mail to HR or dig out your pay slips/P45 etc...?
 
So in the end I believe this is now a non issue. I emailed old firm and they confirmed my dates and officially I was only unemployed for 3 weeks. I was pottering around in the garden. ;)
 
mrbell1984 said:
I think there is more to this story than the op is letting on. You wouldn't get sacked for swearing straight away, it would be a process.
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No there was no process.

I wrote out a whole piece but I don't want to put it on the internet.

Suffice to say the CTO was a complete melon and a lot of people left that company during and after his stay.
 
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