Garden Leave Provision Uk
The official UK government advice website govuk says that employees are entitled to the same pay and contractual benefits during this period of timeWhile the govuk website does not explicitly link gardening leave to restrictive covenants they do list these as an important part of the process of handing in notice when leaving a job.
Garden leave provision uk. Garden leave is commonly used by employers as a way of protecting themselves and their resources from you when you are leaving employment. Garden leave provision uk. Ensure contracts contain an express garden leave provision which reminds employees that during any period of garden leave their contractual obligations continue to apply.
This is called gardening leave. Though there is a price to pay in the form of the employees ongoing salary and benefits such clauses are wider in their possible scope and far more easily enforced than. Garden leave describes the practice whereby an employee leaving a jobhaving resigned or otherwise had their employment terminatedis instructed to stay away from work during the notice period while still remaining on the payroll.
Your employer may ask you not to come into work or to work at home or another location during your notice period. Garden leave protection of course comes at the cost of continued salary payments and benefit provision until the notice period is effectively served. A garden leave clause requires an employee to stay away from the workplace and stop working even though their contract of employment continues.
The meaning of garden leave often known as gardening leave is that you require the employee to be away from the workplace during their notice period. Instead of actively working during their notice period employers place employees on garden leave to tend to their gardens. The main ingredients of a valid garden leave clause are that 1 the employer has no obligation to provide work 2 the right to exclude an employee from work 3 the right to prevent contact with customers 4 the right to prevent the employee from doing other work and 5 an indication of how an employee will be compensated for any loss of bonus or commission.
Garden leave can also be instigated at the employees request if it suits you too or as part of negotiated terms over departure. Garden leave is a notice period where employees are restricted from working but they still get a normal rate of pay. The term is in common use in banking and other financial employment in Britain Australia and New Zealand.
This is used when an employee position is no longer needed during the notice period. During this period the employee continues to receive all salary and benefits but is prohibited from commencing employment with new employers until the gardening leave period has expired. 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.
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