What is Garden Leave?

Garden Leave refers to a period in which an individual is employed but is not required to perform day-to-day activities for the business. The contract of employment will usually contain a term which enables the employer to place the employee on garden leave, the absence of which is likely to make imposition difficult. Too long a garden period may be unenforceable. There are advantages and disadvantages to garden leave, depending on the individual circumstances of the client. The period of any restrictive covenants are almost always reduced by time taken on garden leave.

Whilst a contract may allow for a period of garden leave to be imposed at any point during the course of your employment, it is much more likely to be during part of an employee’s notice period, where an employer might be concerned about protecting their business interests.

During garden leave salary and benefits should continue in the normal way.

Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.

Please contact us if you require legal advice.