Commentary

(e) Benefits during garden leave

Division AII Contract of Employment
| Commentary

(e) Benefits during garden leave

| Commentary

(e)     Benefits during garden leave

Generally speaking, all contractual benefits will continue during garden leave. However, many contracts now provide that the employee will not be entitled to any bonus if, on the date of payment, the employee is under notice (whether or not spent on garden leave). Theoretically, it is possible to exclude other types of payments during garden leave (eg commission payments, vesting of share options etc). However, where such payments form a significant part of an employee's remuneration, a court is likely to consider the denial of such payments when considering whether to exercise its discretion to

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