Can you start a new job while on ‘gardening leave’?
"Gardening leave" refers to a situation where an employee is required to serve out their notice period away from the workplace, typically at home, while still receiving their salary and benefits. During gardening leave, employees are usually prohibited from accessing company premises, systems, or confidential information to prevent any potential conflicts of interest or misuse of company resources.
Whether you can start a new job while on gardening leave depends on the terms of your employment contract, company policies, and any non-compete or non-solicitation agreements you may have signed.
Here are some factors to consider:
- Review Your Employment Contract: Carefully review your employment contract and any relevant policies to understand your obligations and restrictions during gardening leave. Look for clauses related to non-compete agreements, confidentiality obligations, and starting new employment.
- Consult with Legal or HR: If you're considering starting a new job while on gardening leave, seek advice from legal counsel or your HR department to ensure that you're not violating any contractual obligations or legal agreements.
- Consider Non-Compete Agreements: If you've signed a non-compete agreement with your current employer, starting a new job while on gardening leave may breach the terms of the agreement. Non-compete clauses typically restrict employees from working for competing companies or engaging in similar business activities for a specified period after leaving their current job.
- Maintain Professionalism: While on gardening leave, it's essential avoid any actions that could be perceived as competing with your current employer or undermining their interests. Refrain from contacting clients, colleagues, or suppliers from your previous job and focus on fulfilling your contractual obligations.
- Seek Permission if Necessary: If you're considering starting a new job during gardening leave, it's advisable to seek permission from your current employer or negotiate an early release from your notice period.
Ultimately, whether you can start a new job while on gardening leave depends on your specific circumstances, contractual obligations, and the discretion of your current employer. It's essential to seek advice, understand your rights and obligations, and act in accordance with the terms of your employment contract to avoid any legal or professional consequences.