[Albion] Dan Ashworth joins Newcastle

[Creaky]

While on gardening leave he is still a paid employee of the club, so has to abide by the terms and conditions of the contract he signed. If he was to breach that contract the club would have cause to sue him for the wages they paid him while on gardening leave and he'd also no longer be liable for any bonuses etc due to him. If this was to happen it wouldn't look good for Ashworth personally as it's likely to be played out in public and if it all goes wrong at Newcastle, then would be a stain on his reputation and he'd have to potentially explain these actions in an interview for a future role.

Gardening leave is standard when people in these type of roles leave to go to a rival, across most industries. Dan Ashworth knows that so do Newcastle. It's up to Newcastle to do the right thing and pay the compensation we want if they want him quicker.

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 confidentiality clause included in the contract. For instance if the notice period was defined as 12 months and there was a confidentiality clause, of say 12 months, as well then putting an employee on gardening leave, rather than agreeing a termination of the contract, means that the confidentiality clause wouldn’t come into effect until the gardening leave was completed. Effectively extending the confidentiality clause by 12 months.

 

[DavidinSouthampton]

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 procedure.

If such an order were ignored that is when it gets serious, (contempt of court). Of course there is no guarantee that such an order would be granted as the judge has to consider whether either side is being unreasonable. Is it reasonable to keep someone away from their normal place of work and at the same time prevent them from working elsewhere despite being offered financial compensation. I wouldn’t like to bet either way on that.

If he’s on gardening leave, wouldn’t his normal place of work be BHAFC?

 

[um bongo molongo]

Surely thats been tested in the courts already.

Presumably it comes down to whether notice periods are enforceable (I'm sure yes), and whether his job description can be changed to read 'stay at home and do nothing'. As job descriptions do not form part of employment contracts, which generally specify that they can be changed, that shouldn't be an issue. But anyway, the courts will have tested it at some point.

I’ve had a few gardening leaves. It usually says in your contract that the company reserves the right to ask you to stay away but to be on call if required. Being paid not to work I found quite good to be honest…

 

[LamieRobertson]

Not a great time of year to be on gardening leave..sod all to do

 

[Creaky]

If he’s on gardening leave, wouldn’t his normal place of work be BHAFC?

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 employee from resigning other than on the company’s terms. It makes it virtually impossible for most employees to find alternative employment prior to handing in their notice. An employer can sack an employee and make a payment in lieu of notice but an employee has no such option to buy themselves out of a contracted notice period where a “garden leave” clause is in place.

Personally I have refused to sign such contracts on a number of occasions during my working life.

 

[Doc Lynam]

If anyone was wondering what sport washing looks like it doesn't have to be as obvious as silverware. Newcastle have the England manger sat right next to the Saudi owners and Amanda Staveley, whole stadium and they sit him next to them so if and when the camera falls on them after a goal they have the exposure and association they crave.

Fair play to GS he doesn't look comfortable though.

 

[Originunknown]

If anyone was wondering what sport washing looks like it doesn't have to be as obvious as silverware. Newcastle have the England manger sat right next to the Saudi owners and Amanda Staveley, whole stadium and they sit him next to them so if and when the camera falls on them after a goal they have the exposure and association they crave.

Fair play to GS he doesn't look comfortable though.

Best seats in the house..

 

[Doc Lynam]

Best seats in the house..

After the Tripper goal camera falls on them, owners celebrate like they've loved football all their lives, Southgate stays seated and doesn't move, not even a look or smile for them.

 

[deletebeepbeepbeep]

Remember an old colleague of mine waiting until Spring to tell our boss that he would be leaving in anticipation of having 3 months gardening leave into the Summer. It was decided that any client he might take with him was not significant enough to warrant his time away on gardening leave and he ended up having to work the whole 3 months. Gutted.

 

[Change at Barnham]

It would be nice if following the changing room whip round, they bought him some vouchers from a local garden centre as his leaving gift.

 

[peterward]

It would be nice if following the changing room whip round, they bought him some vouchers from a local garden centre as his leaving gift.

Or the new Newcastle club shop fave..... 101 great executions

 

[Super Steve Earle]

I've just read the Ashworth article in The Athletic. I'd say Tony and Paul are seriously unhappy about him leaving mid project - guessing they feel let down that he isn't going to put nearer 5 years in to the project. They're clearly playing serious hardball with Newcastle and if they don't stump up the appropriate compo, he won't be working for them till after the summer window. Just maybe he won't be the second Dan to head to Tyneside after all, because that won't suit them at all.

 

[Seagull27]

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 employee from resigning other than on the company’s terms. It makes it virtually impossible for most employees to find alternative employment prior to handing in their notice. An employer can sack an employee and make a payment in lieu of notice but an employee has no such option to buy themselves out of a contracted notice period where a “garden leave” clause is in place.

Personally I have refused to sign such contracts on a number of occasions during my working life.

Doesn't it normally just cover whatever your notice period would be anyway?

Thought it was fairly standard practice for senior positions, especially if going to a competitor, and hiring companies would expect it. Personally I'd be more than happy to sign a contract that requires gardening leave, if it meant I got paid my notice period without having to work it.

 

[dwayne]

I've just read the Ashworth article in The Athletic. I'd say Tony and Paul are seriously unhappy about him leaving mid project - guessing they feel let down that he isn't going to put nearer 5 years in to the project. They're clearly playing serious hardball with Newcastle and if they don't stump up the appropriate compo, he won't be working for them till after the summer window. Just maybe he won't be the second Dan to head to Tyneside after all, because that won't suit them at all.

They can't hold him prisoner sadly. I suspect they will have to release him soon or it will get dragged through court and no one wants that.

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[Joey Jo Jo Jr. Shabadoo]

They can't hold him prisoner sadly. I suspect they will have to release him soon or it will get dragged through court and no one wants that.

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We are hardly holding him prisoner. He's been put on gardening leave while serving the notice period which is specified in his contract, a contract he would have signed freely when he accepted the role with us. He's still being paid and is still entitled to all benefits stated in his contract. This is standard practice across a lot of industries when someone leaves and goes to a rival. It protects both the employee and the employer.

 

[dazzer6666]

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 employee from resigning other than on the company’s terms. It makes it virtually impossible for most employees to find alternative employment prior to handing in their notice. An employer can sack an employee and make a payment in lieu of notice but an employee has no such option to buy themselves out of a contracted notice period where a “garden leave” clause is in place.

Personally I have refused to sign such contracts on a number of occasions during my working life.

Thing is, they aren’t usually enforced in my experience - more usual to let the employee leave ‘early’ as you know their enthusiasm and commitment has largely gone already and the is always a risk of them causing further damage, and you save the salary cost by letting then go. The only time they tend to be enforced is exactly what’s happened here - the employee is going to a direct competitor and it’s advantageous to delay starting at the new shop as long as possible. Far more typical in my experience for G/L to be used in early retirement or redundancy situations where the company want you out and have no useful purpose for you.

 

[dazzer6666]

They can't hold him prisoner sadly. I suspect they will have to release him soon or it will get dragged through court and no one wants that.

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There’s no case. He’s under contract and has to serve out his notice if the club dictates that. We’ll release him early for a very big wad of Saudi cash.

 

[Mancgull]

There’s no case. He’s under contract and has to serve out his notice if the club dictates that. We’ll release him early for a very big wad of Saudi cash.

Exactly this.
It’s not as if we are holding him without paying him. We are paying him handsomely for doing nothing. He signed the contract.
If the Saudis want him out of this position then they’ll have to meet our compensation demand.

 

[Blue Valkyrie]

I'm loving Tony's handling of Cashworth's resignation.

Puts a real marker down that no one is going to be able to poach Potter on the cheap and that we will be very robust in dealing with any approach.

 

[Commander]

Thing is, they aren’t usually enforced in my experience - more usual to let the employee leave ‘early’ as you know their enthusiasm and commitment has largely gone already and the is always a risk of them causing further damage, and you save the salary cost by letting then go. The only time they tend to be enforced is exactly what’s happened here - the employee is going to a direct competitor and it’s advantageous to delay starting at the new shop as long as possible. Far more typical in my experience for G/L to be used in early retirement or redundancy situations where the company want you out and have no useful purpose for you.

Bloom has form with this stuff though. 'Aren't usually enforced' won't bother him. Remember how he dealt with Gus leaving? Sacked him for gross misconduct and refused to give him a pay off. Any other club in the league would have sacked him and paid up the contract, as is standard practice.