Definition
A period during an employee's notice when they are instructed to stay away from the workplace while remaining employed and receiving full pay and benefits. The employee remains bound by their contractual obligations, including confidentiality and non-compete clauses.
UK Context
Garden leave is not a statutory right but a contractual provision. UK courts will generally only enforce garden leave if there is an express clause in the employment contract. During garden leave, the employee cannot start work for a competitor or solicit clients.
Best Practices
- Include a specific garden leave clause in employment contracts for senior or client-facing roles
- Clearly communicate the terms, duration, and expectations when placing someone on garden leave
- Ensure IT access is revoked and company property returned at the start of the garden leave period
Frequently Asked Questions
Does an employee get paid during garden leave?
Yes, the employee remains fully employed during garden leave and continues to receive their normal salary, benefits, and holiday accrual. They are simply not required to attend the workplace or perform duties.
Can an employer put someone on garden leave without a clause?
It is legally risky. Without an express contractual clause, placing an employee on garden leave could be seen as a breach of contract, particularly if the employee has a right to work. Always seek legal advice.