In broad terms, putting an employee on 'garden leave' means the employer sending the employee home on full pay, usually during the employee's notice period when an employee has resigned or has been dismissed with notice. The employee remains employed by the employer and, therefore, subject to the (express and implied) terms and conditions of their employment contract.
Express garden leave clauses are now often seen in contracts of employment, particularly those of senior employees. However, garden leave may also be imposed by the employer, even in the absence of an express garden leave clause in the contract, in certain circumstances.
The rationale for garden leave
In theory, the employee may agree with the employer to take garden leave at any time during their employment, but it is most likely to be attractive to the employer in the following situations:
- •
an employee gives notice of resignation and intends to join one of the employer's competitors (the employee may give the full contractual notice, or purport to give short notice)
- •
the employee alleges that the employer
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Jurisdiction(s):
United Kingdom
Key definition:
Garden leave definition
What does Garden leave mean?
A colloquialism describing the period during which an employee remains bound by their contract of employment but is required, usually under an express term of the contract, not to attend work or make contact with clients or customers.
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