How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68160
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

I would like to know if I can start a new job during garden

This answer was rated:

Hello, I would like to know if I can start a new job during garden leave
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am employee but I just joined an Union and they can not help
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I was dismissed last week and I am goi ng to appeal. Could I start another job if we go to employment tribunal?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Why are you on gardening leave and how long is this for?

Customer: replied 5 months ago.
They put me on garden leave last Tuesday when I was dismissed. Garden leave of 4 weeks.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and 7 other Law Specialists are ready to help you
Customer: replied 5 months ago.
If you charge for the call please don't call me
Customer: replied 5 months ago.
Customer: replied 5 months ago.
I have received your call and I hope you are not charging it. Please help me online as I paid £5

Many thanks for your patience. During a garden leave period you are still an employee of the company and are being paid by them as normal. So you would still be bound by the terms of your contract and the first thing you need to check is whether there is a clause restricting you from being employed elsewhere whilst oy work for this employer. Even without such a clause, your employer can argue that you must be exclusively available to them for the times of the day when you would normally be working for them and working elsewhere means they could potentially withhold your pay for the days you worked elsewhere