What is Garden leave?
When an employee resigns or when an employer decides that they want to terminate the employment, the employer may want to stop the employee from attending work for a variety of reasons (especially if the employee may be intending to join a competitor). At the same time, the employer may also want the employee to remain employed for their notice period. When this happens, the employer may place the employee on garden leave.
When an individual is put on garden leave, all terms and conditions of employment continue to apply except the requirement of the employer to give the individual work to do and the employees requirement to perform their duties. Usually the aim of garden leave it to keep the employee out of the marketplace long enough to allow the employer to consolidate its position, find a replacement and ensure any clients remain with them. In most cases, an individual can only be put on garden leave if there is an express garden leave clause in the employees contract allowing their duties to be varied or withdrawn altogether during the notice period.
If you are looking for a solicitor to advise on garden leave, please get in touch with us on 01483 303636 to discuss your situation and see how we can help.