Garden leave and the right to work
Garden leave and the right to work

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Garden leave and the right to work
  • The rationale for garden leave
  • Agreeing garden leave
  • No express garden leave clause
  • Enforcing an express garden leave clause
  • Keeping the contract alive
  • Exercising the discretion
  • The implied term of trust and confidence
  • Clear exercise of right
  • Effect of garden leave on the contract of employment
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

In broad terms, putting an employee on 'garden leave' means the employer sending the employee home on full pay during the employee's notice period. It can be done when an employee resigns or when he is dismissed with notice. The employee remains employed by the employer and, therefore, subject to the (express and implied) terms and conditions of his 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

Garden leave may be attractive to the employer in a number of situations:

  1. an employee gives notice of resignation and intends to join one of the employer's competitors (the employee may give the full contractual

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