Garden leave – or gardening leave, as it's sometimes known – describes the situation where you've been dismissed or have resigned from a job and are required to stay away from company premises during your notice period. We explain your rights and responsibilities.
While people are occasionally put on garden leave – or gardening leave – while disciplinary matters are considered, it usually happens when you have resigned or been dismissed, and your company wishes to make sure you stay away from the office, and their clients and often employees, for a defined period of time.
It's important to understand that while you're on garden leave, you're still an employee of the company and you'll usually draw the same pay and receive the same contractual benefits as before. Yet while these rights continue, you're also under the same responsibilities as before, perhaps with a few additional obligations: such as not to contact clients, colleagues or suppliers, or to take a job elsewhere until your notice period has expired.
If you're in any doubt about your garden leave situation or consider that your treatment is unfair, contact one of our experienced employment solicitors. Call us on 0330 041 5869 or contact us and we'll call you.
What's the point of garden leave?
While garden leave can be frustrating, especially if you're keen to start a new business or a position elsewhere, it's often a legitimate demand from your employer under a contract of employment.
Even though you're effectively being paid to not work, your employer may have a legitimate reason for putting you on garden leave, including:
Where they expect you to either start a new company or join a competitor and attempt to 'poach' clients. Putting you on garden leave can buy them the time they need to put another member of staff in your place in an attempt to consolidate the relationship with clients before you're legally able to approach them.
Where an employer suspects that your presence might have a detrimental effect on office morale; either because you're bitter about your dismissal, or because they expect colleagues to sympathise with your position.
Where you have access to commercially sensitive information that might be useful to a competitor.
What are my gardening leave rights?
Your gardening leave rights will vary according to the exact wording of your employment contract. Naturally, you can expect to be paid your usual salary while on gardening leave, but if you usually receive commissions or performance-related bonuses, these may not be paid.
Where you have a company vehicle, it's common for your employer to request its return at the start of your garden leave. However, if it's a specified part of your contract of employment, you may be within your rights to retain it until the end of your notice period. It's therefore a good idea to seek advice from an expert employment solicitor as soon as you're informed that you are officially on garden leave. Call us on 0330 041 5869 or contact us online and we'll call you.
What are my responsibilities during garden leave?
Particularly when client contact is part of your usual job, a condition of your garden leave will usually be that you're not to have any contact with clients or colleagues.
The garden leave period is sometimes offset against restrictive covenant periods. However, this is not always the case, and you may find that you're being kept out of the market for a long period of time. If you want to know whether restrictive covenants in your contract are enforceable, or whether they constitute a restraint of trade – the principle that you should be free to follow your trade and use your skills without undue interference – you need to speak to an expert employment lawyer. Call us on 0330 041 5869 or contact us online and we'll call you.
Why choose Slater and Gordon’s garden leave solicitors
Garden leave can be frustrating for employees looking to start a new job or opportunity, but it is important that where garden leave has been enforced appropriately, you understand your rights and obligations to avoid any issues. However, when employers use garden leave to treat an employee unfairly, you are entitled to take action to put things right.
Our employment team have an outstanding track record of success in handling garden leave cases, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you!
V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue.
D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service.
H L (employment case)
We are an award winning law firm and have a dedicated team of employment solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We're able to offer affordable expert legal advice and can provide guidance on all aspects of employment law. Our Initial Consultation provides tailored advice on your situation giving you clear guidance and options regarding next steps.
Tailored advice
We understand that employment situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Frequently asked questions about garden leave rights
What is a garden leave clause?
A garden leave clause is a set of terms written into your employment contract that instructs an employee to stay away from their usual place of work and cease contact with clients and colleagues for a stated period of time (usually the employee’s notice period).
It should include information about what is still expected of the employee and what benefits, if any, they still have access to.
Can garden leave be refused?
In cases where a garden leave clause has not been expressly written into an employee’s contract, it can be possible for an employee to make a claim with the court on the grounds that they have a contractual right to work. However, it would be up to a court to decide whether this is the case, or if the employee simply has the right to be paid (which is still the case if you are placed on garden leave).
Where a garden leave clause has been written into an employee’s contract, the employer has a right to withdraw the employee’s duties and exclude them from their premises.
Will I receive my full pay on garden leave?
Yes. Garden leave requires that all contractual obligations to the employee are still carried out, including entitlement to pay or sick pay. Your employer may be able to cease any payments of commission or access to benefits however, depending upon the wording of your contract.
What happens if I breach garden leave?
Breaching garden leave obligations can have serious consequences, and your employer can take you to court for breach of contract.
It is important to get a clear understanding of your rights and responsibilities while on garden leave. If you are unclear or are concerned that your employer is acting unfairly during your garden leave, get in touch with our expert garden leave solicitors today on 0330 041 5869 or request a call back online.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you! V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue. D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service. H L (employment case)