Garden Leave Clause Uk

The employee has been dismissed or has resigned but you dont want them to come to work during their notice period or start a new job during this period either.

Garden leave clause uk. Garden leave is the practice of placing restrictions on an employee during their notice period usually by preventing them from attending the workplace or having contact with clients. You want to restrict an employees access to company information immediately. The reasonableness of a garden leave clause will be judged on at the time of enforcement ie.

Garden Leave Clause in United Kingdom Definition of Garden Leave Clause. Gardening leave or garden leave is a term most commonly used in the financial industry in the UK Australia and New Zealand. In the clause you can include details such as who they can communicate with regarding leave what they should expect regarding attendance at the office and so on.

In placing the Employee on garden leave the Employer must not do anything that could amount to a breach of the contract with the Employee. Employees on gardening leave cant re-enter the workplace and cant work elsewhere during the period of leave. So in the example above the court could have decided on an injunction to enforce garden leave for 6 months.

This note considers the law surrounding garden leave. There may be further restrictions and these are included as part of a garden leave contract. This is a preview.

9 pages ask a question Garden leave is basically a device which an employer can use to help protect itself against possible mischief by an employee during his notice period when the employee has resigned or been dismissed. When to use this model garden leave contract clause Use this model contract clause when you wish to be able to place an employee on garden leave during the notice period following either the employees resignation or a dismissal with notice. A garden leave clause can be used to avoid uncertainty as to the employees duties during the garden leave period - for example to state that the employee must remain available to.

It also examines the approach taken by the courts in enforcing garden leave and the options available to an employer wishing to compel an employee to work. The court can then decide the extent to which garden leave can be enforced. Your employer may ask you not to come into work or to work at home or another location during your notice period.