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I wish! If only to be 20 years younger.

If that’s the case then why wasn’t he offered a 5 year contract like GP?

The contract of employment would normally contain a clause such as:- Duties and responsibilities: As set out in the job description. The employer may require you to carry out other reasonable duties as required.

No I’m not :rolleyes: The difference between being paid in lieu of notice and gardening leave is that in the former you are still normally bound by the contract berms regarding other employment but with the latter you are also subject to instructions from the employer. However, if an employee...

And that is a perfectly reasonable view until you take the gardening leave aspect into account. DA is being prevented from carrying out the duties he committed to and, presumably, detailed in his contract. The club has unilaterally prevented him from carrying out the commitments he made.

If there wasn’t a specific ‘gardening leave’ clause in the contract then preventing an employee from attending their ‘normal place of work’ and preventing them from talking to colleagues would constitute a breach of the employment contract by the employer.

At some time senior employees are likely to leave their current employer - to suggest that doing so is somehow ‘shafting’ their employer, being mercenary and dumping them “in the poo” is just plain silly. When they do leave it is unrealistic to believe that they won’t be doing so to join a...

I thought DA had a rolling contract, in which case there won’t be a notice period, simply a contract for a period of time - subtle difference.

It certainly doesn’t protect the employee. There are many industries as well as occupations where extended isolation from technology and/or industry contacts can seriously impact on an employee’s future employment prospects. It’s not the same as serving out a period of notice where an...

No - not when a “gardening leave” clause is invoked that specifically prevents the employee going to the employer’s place of business and having contact with other employees. Personally I think “garden leave” clauses in an employment contract are an anachronism purely designed to discourage an...

Of course the club could sue DA for wages paid if he ignored the clubs instructions during his gardening leave - that however is a moot point if he simply returned any payments and also ignored any club instructions. One big benefit to employers of using gardening leave is if there is also a...

In practical terms there is nothing TB can do to stop DA from ignoring “gardening leave”. No real penalty that could be directed at him. - if he did and then went to work for Newcastle then they would need to get a “cease and desist” order from the courts which can be a fairly drawn out...

What’s to stop DA saying, “stuff your gardening leave”? The club can only sue for any financial loss they suffer and, as they have essentially banned him from contact with other employees and sent him home, it would be difficult to show any. In fact the club would be financially better off if...

I thought one of the accusations was that DA was only going for the money - in that case isn’t he doing exactly as you say, taking money FROM a bad owner - just a matter of scale.

I agree that “would be just silly” - no sillier though than all the comments on this thread that state that DA is taking “blood money” by going to Newcastle.

No one forced the club to take the money - could have let him go for free or donate the fee.

Disciplinary action? What are they going to do, sack him?

And if required to report to PB and he doesn’t, (claims sick or whatever), then what are the club going to do? Dock his holiday pay? I wouldn’t be in the least bit surprised if he hasn’t already been in detailed discussions with Neŵcastle over systems he’d like to see put in place and there is...

Yep - worded that wrong - not “find a place to live” but “buy a place to live” - lucky if he can do that in three months.

Probably take that long to find somewhere to live. Jumped at the option to take “gardening leave” - getting paid for a few months between jobs is always useful. Much harder if an employer insists you serve out your notice but takes away all your privileges and responsibilities so you are...