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Employment Law

Garden Leave

Experienced Solicitors in Manchester and London providing expert advice on Garden Leave

Garden leave is when the employee is leaving the company and the employer may wish to stop the employee performing their duties immediately, but still retain them for their notice period. In this situation the employer would be required to stay at home and not work for the company or in any other position.

Generally, the aim of garden leave is to keep the employee out of the market place for the information they have about the company to go out of date and to make them less attractive to other employers looking to poach. 

When Can An Employer Put An Employee On Garden Leave?

Usually it will be helpful for an employer to rely on an express clause in the contract when putting an employee on garden leave. If such a clause exists then the employer is within their rights to put the employee on garden leave. 

If such a clause does not exist the employer may be able to put you on garden leave but it is not guaranteed. If challenged the employee can take the employer to court to establish if there is a right to work. Most cases find that there is no implied right to work, only an implied right to be paid. This position is being challenged recently as an increasing number of cases have found that an employee has the right to work.

Employees Rights During The Garden Leave

Whilst you are on Garden Leave the employment contract remains in force, all the rights and obligations under it continue just without the work. The employer must continue to perform all its obligations under the contract, including payment of salary and other benefits. 

Additionally, you will still be accruing your continuity of service and annual leave. Your employer may be able to force you to take part of your Garden Leave as annual leave. If this is the case it will be set out in your contract of employment.

How Can Monarch Solicitors Help?

Our specialist employment solicitors have decades of experience dealing with employment issues. They are well equipped to deal with a whole manner of different cases no matter how big or small. 

Our team have had great success negotiating settlement offers, taking claims to the Employment Tribunal, and many more. Every person we represent receives the same high quality of treatment and personal service.

Contact Our Employment Lawyer Today

Whatever your issue our employment solicitors are here to help.

Call us on 0330 127 8888 for an initial consultation. Or email us on [email protected] and one of our team will get back to you.

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FAQ

Most frequent questions and answers

Garden leave is when an employee has been told by their employer they are not required to work and to stay at home. This is generally the case when the employee is in their notice period, once they have been notified that their employment contract is to be terminated. During garden leave, the employee will still be bound to their contract of employment.

Employers use garden leave if they do not want to immediately terminate an employee’s contract but at the same time do not require the employee to perform their daily job duties.  

The reasons for putting employees on garden leave may include the employer believing the employee to be disruptive at work or having a negative morale on other employees, or to prevent the employee from acquiring information on the employer’s products or services if they are going to work for a competitor.

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