[Albion] Dan Ashworth joins Newcastle

[dazzer6666]

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 competitor. What do you expect them to do, learn a completely new skill set?

There are numerous methods to protect proprietary information and other confidentialities being misused by ex-employees - senior executives regularly move between organisations and if there weren’t such measures in place you would regularly hear of court cases.

As I’ve mentioned in previous posts I don’t understand why contracts with a gardening leave clause get signed, An employment contract always has details of how they can be terminated, handing in your resignation is not breaking your “bloody word”. The only ‘promise’ an employee makes is that they will continue to carry out the work they were employed to do until the time defined by the contract is up. Gardening leave prevents them from doing this.

One thing that I’ve not seen mentioned is how the saga of DA leaving and the way the club has reacted may have on hiring potential future employees - would you be keen to join an organisation that on the face of it wants to make leaving in the future as difficult as possible and likely to sabotage any future employment prospects?

I’m sorry to see DA leaving the club but IF the club’s demands on Newcastle are being purposefully unrealistic, (something we don’t know one way or another), in order to ‘punish’ DA for daring to resign then I’m not impressed and I think it might come back to bite us.

In my experience contracts don’t usually have a ‘gardening leave’ clause as such…………it’s simply the common term for making (or more usually allowing) someone see out their notice period without having to come into work. Ashworth will have known what his notice period was, and whilst he (and Toon) might have hoped to negotiate an earlier termination he would have known he couldn’t insist on it.

 

[Creaky]

In my experience contracts don’t usually have a ‘gardening leave’ clause as such…………it’s simply the common term for making (or more usually allowing) someone see out their notice period without having to come into work. Ashworth will have known what his notice period was, and whilst he (and Toon) might have hoped to negotiate an earlier termination he would have known he couldn’t insist on it.

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.

 

[Jim in the West]

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 competitor. What do you expect them to do, learn a completely new skill set?

There are numerous methods to protect proprietary information and other confidentialities being misused by ex-employees - senior executives regularly move between organisations and if there weren’t such measures in place and they were truly necessary you would regularly hear of court cases.

As I’ve mentioned in previous posts I don’t understand why contracts with a gardening leave clause get signed, An employment contract always has details of how they can be terminated, handing in your resignation is not breaking your “bloody word”. The only ‘promise’ an employee makes is that they will continue to carry out the work they were employed to do until the time defined by the contract is up. Gardening leave prevents them from doing this.

One thing that I’ve not seen mentioned is how the saga of DA leaving and the way the club has reacted may have on hiring potential future employees - would you be keen to join an organisation that on the face of it wants to make leaving in the future as difficult as possible and likely to sabotage any future employment prospects?

I’m sorry to see DA leaving the club but IF the club’s demands on Newcastle are being purposefully unrealistic, (something we don’t know one way or another), in order to ‘punish’ DA for daring to resign then I’m not impressed and I think it might come back to bite us.

I don't read it like that - DA has a notice period in his contract (which, by the way, protects him if the club wanted to get rid of him). He (and his future employer) want that notice period waived, and there's a negotiation going on regarding the terms of that waiver.

 

[LamieRobertson]

When I’m on leave I avoid gardens

 

[dazzer6666]

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.

Not often - most case law (where there is no G/L clause) has confirmed there is no express right to work, only a right to continue to be paid/receive benefits. Contract quite possibly stipulates that as well (mine did)

 

[dejavuatbtn]

These termination terms have to be realistic in the knowledge that you can’t prevent someone from following their own profession and skillset. If, however, he is still under contract and working out his notice, which would have been included in his contract of employment, then he is on payroll and shouldn’t be working for someone else. I would doubt that TB would take any money from NU - just enjoy them grasping at thin air until the end of the season. If he is found to be working for NU in the meantime, I hope he sues the arse off them.

 

[Creaky]

I don't read it like that - DA has a notice period in his contract (which, by the way, protects him if the club wanted to get rid of him). He (and his future employer) want that notice period waived, and there's a negotiation going on regarding the terms of that waiver.

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.

 

[Doc Lynam]

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.

On a side note what may also be going on is making BHA a very difficult club to do business with especially if they have plans to come back for more of our assets.

 

[timbha]

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.

I think you are arguing for the sake of it. Notice Periods are a perfectly standard part of employment law/ contracts and are designed to protect both the employer and employee. GL, a very loose but well understood term, is just used to inform the employee that during their notice period they are not required to attend work or perform their usual duties. They are still employed, paid and can’t work for anyone else without their employer’s permission.

 

[Creaky]

I think you are arguing for the sake of it. Notice Periods are a perfectly standard part of employment law/ contracts and are designed to protect both the employer and employee. GL, a very loose but well understood term, is just used to inform the employee that during their notice period they are not required to attend work or perform their usual duties. They are still employed, paid and can’t work for anyone else without their employer’s permission.

No I’m not

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 rejects an offer of payment in lieu of notice and the employer refuses to let them carry out their normal duties there is little if any remedy available to the employer if the employee starts another job.

With ‘gardening leave’ because the employee is still subject to instructions from the employer, the company can demonstrate a loss if the employee goes to another employer.

 

[BN9 BHA]

When I’m on leave I avoid gardens

When on leave electricians struggle to switch off.

 

[LamieRobertson]

When on leave electricians struggle to switch off.

I bet they get so angry they blow a fuse.

 

[Kalimantan Gull]

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.

An employees 'duties' shouldn't be listed in their contract.

 

[Creaky]

An employees 'duties' shouldn't be listed in their contract.

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.

 

[Kalimantan Gull]

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.

Yup. But job descriptions aren't part of the contract of employment and can be changed

 

[B-right-on]

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.

Ah so you think 'Project Brighton' is a done deal? Or that he joined to get us into the top half of the PL and then leave? And you think his leaving will have no effect on the Club? Or that TB and PB feel let down?

Compare the 2 Dan's who left the same employer to go to the same employee within a couple of weeks. Look at the clubs statements. As I said earlier, DA won't need the phone box for his leaving do. Yet BDB left a couple of weeks earlier and how much difference was there in the clubs statements.

Can't be @rsed to argue anymore or get into it as we have different points of view. You've obviously never had a business or ran one.

 

[Here'sWally]

The fact is, Dan Ashworth committed to a long term project here, didn't complete the job, got offered twenty pieces of silver and took it and fooked off.

If he had stayed here 5 years, got the job done, then had an opportunity to leave for a club which has actually established itself at a higher level than us, it wouldn't have been so grating.

He didn't leave us for a fitter bird. He left for a minger who showed him pictures of what her she will probably look like after surgery. Newcastle haven't earned anyones respect as a modern day successful club. They don't intend to either. They intend to buy it.

I've never cared about Man City games or results since their "rise". I won't care about Newcastles either. It's fake success as far as I am concerned. Like cheating on football manager. No sense of satisfaction will be deserved. There is going to be nothing impressive about it. Another hollow, empty football club, ripping the heart and soul out of what it means to succeed and win in football.

 

[A mex eyecan]

The fact is, Dan Ashworth committed to a long term project here, didn't complete the job, got offered twenty pieces of silver and took it and fooked off.

If he had stayed here 5 years, got the job done, then had an opportunity to leave for a club which has actually established itself at a higher level than us, it wouldn't have been so grating.

He didn't leave us for a fitter bird. He left for a minger who showed him pictures of what her she will probably look like after surgery. Newcastle haven't earned anyones respect as a modern day successful club. They don't intend to either. They intend to buy it.

I've never cared about Man City games or results since their "rise". I won't care about Newcastles either. It's fake success as far as I am concerned. Like cheating on football manager. No sense of satisfaction will be deserved. There is going to be nothing impressive about it. Another hollow, empty football club, ripping the heart and soul out of what it means to succeed and win in football.

Bang on fella ….

 

[Robinjakarta]

The fact is, Dan Ashworth committed to a long term project here, didn't complete the job, got offered twenty pieces of silver and took it and fooked off.

If he had stayed here 5 years, got the job done, then had an opportunity to leave for a club which has actually established itself at a higher level than us, it wouldn't have been so grating.

He didn't leave us for a fitter bird. He left for a minger who showed him pictures of what her she will probably look like after surgery. Newcastle haven't earned anyones respect as a modern day successful club. They don't intend to either. They intend to buy it.

I've never cared about Man City games or results since their "rise". I won't care about Newcastles either. It's fake success as far as I am concerned. Like cheating on football manager. No sense of satisfaction will be deserved. There is going to be nothing impressive about it. Another hollow, empty football club, ripping the heart and soul out of what it means to succeed and win in football.

Your posts are great!

 

[Springal]

The fact is, Dan Ashworth committed to a long term project here, didn't complete the job, got offered twenty pieces of silver and took it and fooked off.

If he had stayed here 5 years, got the job done, then had an opportunity to leave for a club which has actually established itself at a higher level than us, it wouldn't have been so grating.

He didn't leave us for a fitter bird. He left for a minger who showed him pictures of what her she will probably look like after surgery. Newcastle haven't earned anyones respect as a modern day successful club. They don't intend to either. They intend to buy it.

I've never cared about Man City games or results since their "rise". I won't care about Newcastles either. It's fake success as far as I am concerned. Like cheating on football manager. No sense of satisfaction will be deserved. There is going to be nothing impressive about it. Another hollow, empty football club, ripping the heart and soul out of what it means to succeed and win in football.

Could you not argue the same about us in a way? Under Dick Knight we were skint, rattling around the lower EFL. Then we had a rich benefactor come in that drove the success we have now?