I'm leaving my bank soon and intend to do something that has nothing to do with finance, but was wondering about garden leave rules in the UK. Am I legally obliged to provide proof regarding where I'm going to be granted garden leave (and the paid 2 months) when I resign? Or can I just bullshit and just tell them I'm going "to a fund" and not provide any proof?
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Based on the most helpful WSO content, when it comes to garden leave in the UK, you are generally not legally required to provide proof of where you are going after resigning. However, there are a few key points to keep in mind:
Garden Leave Terms: The specifics of your garden leave will depend on the terms outlined in your employment contract. Employers typically enforce garden leave to prevent you from immediately joining a competitor or using sensitive information.
Disclosure Requirements: While you are not obligated to provide proof of your next role, your contract may include clauses requiring you to disclose whether you are joining a competitor. Misleading your employer could potentially lead to complications if they discover the truth later.
Non-Compete Clauses: If your contract includes a non-compete clause, your employer might ask for details about your next role to ensure compliance. However, this does not necessarily mean you need to provide proof unless explicitly required by your contract.
Practical Approach: If you are not joining a competitor and your next move is unrelated to finance, you can simply state that without going into unnecessary detail. Avoid fabricating information, as this could backfire if your employer decides to investigate further.
To avoid any issues, review your employment contract carefully and, if needed, consult with a legal professional to ensure you handle your resignation and garden leave appropriately.
Sources: How do non-competes work when you want to quit?, Quitting time - views on how to leave your job, Vacation issue with boss, Long notice period makes me unattractive to recruiters
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