Is lying to get &quot;gardening leave&quot; fraud?
<p>A group of my friends was celebrating one of our group securing a new job, and he was complaining about having to continue working at his old job for his 3 month notice period, we started discussing humorous ways that he could force his company to immediately terminate his contract.</p>

<p>One of the group mentioned that his company had a policy for employees who had accepted a role with a competitor of immediately escorting the employee off the premises and placing them on gardening leave.</p>

<p>Assuming my employer had a similar policy, and I secured a role with company A (who aren’t a competitor of my current employer), but I told my manager that I had secured a role with company B (who are a competitor) in an attempt to secure gardening leave. Have I committed fraud?</p>

<p>Yes, that would be fraud.</p>

<p>From the <a href="https://www.legislation.gov.uk/ukpga/2006/35" rel="noreferrer">Fraud Act 2006</a>:</p>

<blockquote>
  <p>2: Fraud by false representation</p>
  
  <p>1) A person is in breach of this section if he—</p>
  
  <p>(a) dishonestly makes a false representation, and</p>
  
  <p>(b) intends, by making the representation—</p>
  
  <p>(i) to make a gain for himself [...]</p>
</blockquote>

<p>By saying that you had got a position with a competitor you would be dishonestly (i.e. you knew it was a lie) making a false representation. Your purpose was to obtain gardening leave, which is a gain for yourself.</p>

united-kingdom employment fraud