Sage-Tips

Do you get paid on gardening leave?

In order for an employer to enforce gardening leave, it must be in the employee’s contract. During the gardening leave period, the employee continues to be paid their salary, but they are actively prevented from doing their job and accessing the employer’s property.

What are the rules of garden leave?

Strictly speaking, a person can only be placed on garden leave once he has resigned with notice or been dismissed with notice. If an employee is required is stay away from work at any other time during his employment then it will usually be a suspension of some sort unless there is genuinely no work for him to do.

What is a garden leave agreement?

Gardening leave is a transition period for employees who give or are given notice of termination, keeping them on the payroll but away from the workplace. A protectionist measure, the garden leave prevents the employee from sabotaging the work environment and from taking proprietary information to a competitor.

How do you get gardening leave?

Garden leave can also be instigated at the employee’s request (if it suits you too) or as part of negotiated terms over departure. You must make sure either that the employee’s contract of employment gives you a specific and enforceable right to use garden leave or the employee agrees in advance, preferably in writing.

Who pays for garden leave?

Garden leave also poses one rather large drawback for an employer – the cost. Since garden leave employees are entitled to at least a percentage of their pay, as well as other benefits, when placing an employee on garden leave, an employer is essentially paying them to do nothing, or very little.

Can you work during gardening leave?

You may not start a new job while on ‘gardening leave’ because you’re serving your notice period, as set out under your contract with your current employer. You’ll be in breach of your contract if you work for another employer during gardening leave, and you could be legally liable.

Are you still employed during garden leave?

During gardening leave an employee is still under contract and therefore bound by all contractual clauses including a duty of confidentiality.

What are my rights on gardening leave?

Garden leave clauses are typically found in a senior employees or directors employment contract. The clause entitles the employer, after notice has been given by either party, to require: The employee to stay at home; and. Not work or contact colleagues, clients and suppliers.

Can employees request garden leave?

Yes, garden leave can be requested by an employee as part of coming to an agreement on terms over leaving a position. Contracts of employment must give the right to use garden leave.

What happens on gardening leave?

What is gardening leave? When an employee is sacked, made redundant or simply hands in their notice but is then asked by their employer to accept full pay but stay away from work rather than working out their notice, it is referred to as ‘garden’ or ‘gardening leave’.

How long can you be on garden leave?

Gardening leave (also known as garden leave) is essentially a period of paid leave beginning from when you hand in (or are handed) your notice, to when your contract of employment terminates. This is typically between one and 12 weeks.

Can you be sick on garden leave?

What Are An Employee’s Rights During Garden Leave? Employees on garden leave also continue to be entitled to any statutory benefits – including statutory sick leave, parental leave and pay, the right not to be discriminated against, statutory minimum wage, statutory minimum holiday, and statutory redundancy.

Do my employees get paid for garden leave?

Yes. Under garden leave pay policies, they’ll receive the statutory amount—the same applies to any benefits they receive. Want more advice? Get in contact for immediate assistance with garden leave, contracts, or employee difficulties: 0800 783 2806. Ready to join over 60,000 small companies loving BrightHR?

Can an employee be on garden leave while on restraint of trade?

However, employers should be aware that if an employee’s employment agreement contains both a garden leave provision and a restraint of trade provision, the period the employee is on garden leave may be taken into consideration in working out whether or not the restraint of trade provision is reasonable (and therefore enforceable).

Do you have to follow the terms and conditions of garden leave?

Employees must continue to follow all their terms and conditions of employment while they are on garden leave. Garden leave provisions in employment agreements may be general or specific. With any garden leave provision, the employer will still need to act fairly and reasonably when enforcing the provision.

Do you have to pay in lieu of notice for garden leave?

This is particularly significant with payment in lieu of notice. With garden leave, even if you don’t have the right set out in the contract of employment, it is highly unlikely your employee will suffer any financial loss by being placed on garden leave, meaning the risk of the decision being challenged is small.

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