Garden leave, also referred to as gardening leave is when an employer instructs an employee to not work their full, or part of their contracted notice period (this can also include employees who have been made redundant or dismissed).
Garden leave is used strategically by employers to protect their business’ interests when an employee leaves, typically when an employee is either going to work for a competitor, and prevent the loss or misuse of any valuable or transferrable assets such as data.
Yes – until your contracted notice period ends, you are still classed as an employee with that employer.
Yes – as you are still classed as an employee, you must get paid as usual and have access to employee benefits until your notice period ends.
No –while you are contractually still an employee, you will not be required to undertake any work, attend work, or communicate with any customers, clients or colleagues.
No – you won’t be allowed to work for anyone else during your notice period as you are expected to observe the implied duty of fidelity.
If you do find employment elsewhere while on garden leave, this will be a breach of contract and your employer may seek legal action against you.
Whilst on garden leave, you will continue to accrue annual leave. Your employer may ask you to take any outstanding leave, or may pay it when your contract ends.
Not necessarily – it is commonly used by employers to ensure that their business assets are safe, and typically doesn’t reflect badly on any employee who has been put on it.
If you need help or advice, please contact us at help@community-tu.org or on 0800 389 6332.
