Last updated: May 22, 2023
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).
Why have I been put on garden leave?
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.
Am I still classed as an employee while on garden leave?
Yes – until your contracted notice period ends, you are still classed as an employee with that employer.
Will I be paid on garden leave?
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.
Do I have to work while on garden leave?
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.
Can I start a new job while on garden leave?
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.
Annual leave and garden leave
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.
Is garden leave bad?
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 email@example.com or on 0800 389 6332.
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
|cookielawinfo-checkbox-analytics||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".|
|cookielawinfo-checkbox-functional||11 months||The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".|
|cookielawinfo-checkbox-necessary||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".|
|cookielawinfo-checkbox-others||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.|
|cookielawinfo-checkbox-performance||11 months||This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".|
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.