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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There, I'm looking bit of advice regarding my recent

Customer Question

Hi there, I'm looking for a bit of advice regarding my recent resignation (yesterday!)
Back story: My two directors (Mike & Oz) have recently split with Mike leaving the company and Oz having to buy him out. They are in the throws of sorting this all out.
I have resigned with the intention of moving across to Mike's new company once it is set up.
I am permanently employed and have had to give a three months notice period and after a meeting this afternoon I am now on gardening leave until the 13th August, with full pay and any commissions due to me.
My questions are as follows:
1) Oz wants to reduce the length of my notice period and only pay me for this reduced notice period. He is of the opinion that he is able to do this as long as he and I agree. Is he able to do this even though we already have a contract in place which stipulates 3 months notice? If I do agree am I still entitled to the 3 months pay, or do I settle for the reduced pay?
2) Mike (new company) is going on leave for a week in July. Oz (old company) is concerned that I will work in Mike's office for this week while I am on gardening leave. Am I able to do this or is it better for me to steer clear until my notice period is complete?
Thanks in advance for your assistance.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long did you work there for?
Customer: replied 2 years ago.

Iv'e been with the company since the 19/07/2013

Expert:  Ben Jones replied 2 years ago.
Hi sorry my connection dropped earlier. Can I check if your current contract says anything about you not being able to work elsewhere whilst still employed by this employer or whilst on gardening leave?
Customer: replied 2 years ago.

No worries.

as far as I know there isn't anything stated in the contract saying I'm unable to work anywhere else - I will re-read it when I get back home and let you know.

There also isn't anything regarding non disclosure in the contract either

Expert:  Ben Jones replied 2 years ago.
ok great if you could please double check and get back to me that would be ideal - I am online this evening so should be able to reply without major delays
Customer: replied 2 years ago.

Hi Ben, sorry for the delay,

I have just re-read the contract and there isn't anything that states I cannot work anywhere else whilst still employed.

It's a pretty basic contract.

Expert:  Ben Jones replied 2 years ago.
Thanks for getting back to me. To answer your questions:
1. It is indeed possible to reduce your notice period if you both agree. Generally you would be paid only for the time during which you are employed by the company so if your notice is reduced to 2 months for example then you would only be paid for that time, not the additional month. However, as this is done at the request of the employer you should maintain that you are to be paid for the full notice period. You do not have to agree to having your notice period cut but if the employer wants this then you could say that you are agreeable to that, but you would still require payment for the full notice period. After all you are doing them a ‘favour’ by agreeing to be released early at their request, otherwise you simply continue being employed for the full notice period and get paid for it.
2. It is not illegal for you to work for two different employers at the same time. If such restrictions were going to apply then they would be discussed in the contract. You mentioned that this is not the case with you and no such restrictions apply. Technically you would be able to work for the other employer but you should still be careful and I would suggest you try and avoid that if possible. It may antagonise the current employer and even without the restrictions in place they could dismiss you – you have no protection against unfair dismissal until you have at least 2 years’ service so they can terminate your employment if necessary – you will just be potentially causing yourself further problems just for working a week there, so best to wait until the employment has officially terminated before starting there.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Good morning Ben,

You gave me some advice a couple of weeks ago regarding Gardening Leave.

I am currently on gardening leave with the company I am currently at, working out my notice period of 3 months.

I resigned on the 13th May and my notice period finishes on teh 13th August.

My question is as follows: I am on a basic + commission (paid quarterly in arrears) salary.

I received a letter from my company confirming that I am put on gardening leave and can't work for anyone else etc. and they have said they will only pay me my commission up to the date of my resignation, being 13th May.

I have told the company on numerous occasions that I will work my notice period, but they don't want me in the office as it's a conflict of interests as I am going to be working for an opposition company.

Surely I am entitled to any commission generated from any of my clients for the full duration of my notice period, regardless of whether I am on gardening leave?

I just worry that they are going to 'screw' me out of money that is owed to me.

If I need to pay additional fees for this new question, please let me know and I will be more than happy to do so.

Kind regards,

Stuart

Expert:  Ben Jones replied 2 years ago.
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks
Customer: replied 2 years ago.

Cool, will do that when I get back home. Cheers Stuart

Expert:  Ben Jones replied 2 years ago.
no problem, thanks

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