Garden Leave
Garden leave is a protective measure employers can use during an employee’s notice period. It involves keeping the employee away from the business while still paying their salary and benefits. This approach is designed to reduce the risk of disruption, protect confidential information, and maintain business stability—particularly when an employee is resigning or being dismissed, including in cases of redundancy.
What is Garden Leave?
Garden leave refers to a situation where an employee, during their notice period, is required to stay away from work. While they remain formally employed and continue to receive their salary, they are relieved of their work duties and expected to avoid any contact with colleagues, clients, or company systems. This measure is commonly used to safeguard the employer’s business, ensuring sensitive information and key relationships are protected while the individual transitions out of the company.
Can Garden Leave Apply in Redundancy?
Yes, employers can place an employee on garden leave following a redundancy notice. While the role may be redundant, the employee is still entitled to their notice period—and the employer may prefer to keep them away from the workplace during that time. This ensures that the employee does not influence remaining staff or access business-sensitive material. At Solidaire Solicitors, we regularly advise employees placed on garden leave during redundancy and help them understand their legal rights and options during this time.
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How Does Garden Leave Work?
During a period of garden leave, the employee retains their status as an employee and must continue to observe all terms of their contract. This includes the right to receive their regular salary and any contractual benefits such as pension contributions or private healthcare. At the same time, the employee is expected not to carry out any work, not to attend the workplace, and not to begin any new job. They may also be required to return company property and avoid all contact with clients or co-workers. Any breach of these terms could result in disciplinary action or legal consequences.
When Might You Be Put on Garden Leave?
Employees are typically placed on garden leave when they resign or are dismissed with notice. Employers may choose this route to manage the exit process and limit the risk of disruption. Garden leave is particularly common when an employee has access to clients, confidential information, or intellectual property. It may also be used where there is a breakdown in trust or where continued presence in the workplace could pose a risk to team morale or operations.
How Long is Garden Leave?
The length of a garden leave period usually corresponds with the employee’s contractual notice period. For some, this may be a matter of weeks; for senior executives and long-serving employees, it could last several months. The specific duration will depend on the terms of the individual’s contract. During this time, although not actively working, the employee remains bound by all terms of employment and cannot begin work elsewhere.
Can I Ask to Go on Garden Leave?
In some cases, employees may wish to request garden leave, particularly where there has been a breakdown in workplace relationships or where it would be uncomfortable or inappropriate to continue attending work during the notice period. This may be more suitable for senior employees or those exiting under sensitive circumstances. However, whether garden leave can be granted will depend on your employment contract and the employer’s discretion. Legal advice is strongly recommended before making such a request.
Can You Start a New Job While on Garden Leave?
No, you cannot start a new job while on garden leave. Since you remain employed until the end of your notice period, you are still contractually obligated to your current employer. Accepting a new role or beginning work during this time would typically constitute a breach of contract. Additionally, restrictive covenants within your contract may continue to apply even after your garden leave ends, limiting where and with whom you can work for a defined period.
What Are the Pros and Cons of Garden Leave?
✅ Pros
- You receive full salary and benefits without having to work
- You gain time to rest or prepare for your next role
- You remain formally employed while removed from the workplace
❌ Cons
- You cannot start a new role until garden leave ends
- You may feel isolated or frustrated by not working
- You may miss out on job opportunities during this period
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Get Expert Advice on Garden Leave
At Solidaire Solicitors, our employment law team provides clear and practical advice to help you navigate garden leave. Whether you are an employee placed on garden leave or an employer considering using this strategy, we will ensure your rights are protected and that all legal obligations are followed.
