peewon wrote: ↑26 Apr 2024, 14:20
Farnborough wrote: ↑26 Apr 2024, 10:55
CHT wrote: ↑26 Apr 2024, 06:48
From what I read, Newey has a contract with RBR till end 2025, and if we add 1 year of gardening leave, he will only be available to join a new team in 2027 at age 68
Without a major technical shake up, there will be not much AN can do to make a slow cars become quicker. I honestly think he should retire and write a new book about how to design RB19 and RB20.
My understanding of "gardening leave" is that's only while leaving within the contracted employment period have they any control of it.
Unless there's some contract in place after the signed for conclusion of the employment period, they can go and whistle for any influence. It just doesn't fit within employment law to have control after a contract finished.
Non compete clauses are fairly common part of labor regulations across the world including the EU and UK. The terms of the contract can easily extend past the date of 'engagement' (employment date in this case) of the contract. Two separate issues altogether. As for the fairness aspect, its implied that compensation dispensed during the contract also pays for the gardening leave period.
Non compete clauses have been thrown out by courts. If one is in a small employment environment (such as F1), then preventing moving to a competitor is seen as preventing someone gaining a livelihood. Not in F1, but when I took voluntary redundancy a few years ago, the agreement had a non-compete clause in it. My solicitor said "don't worry about that, it's effectively unenforceable because the courts don't like them, generally". That's in the UK.
And implied contract terms are also not always liked by courts. You can't say, at the end of the employment, "oh, yeah, your salary included 6 months gardening leave, didn't we tell you?" and expect it to wash.
If you are more fortunate than others, build a larger table not a taller fence.