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Garden Leave

Monday 20 August, 2018

Garden leave is when an employee retains their employment, receives full pay but does not report to work.

An employee is entitled and obliged to attend work. Consequently, both the employee and the employer have to agree. This makes it different from being suspended on full pay. If an employee is suspended, their agreement to suspension does not have to be asked for.

Situations it can be used for:

  • If an employee resigns, they can be put on garden leave for their notice period to help them search for another job or to reduce distraction for other workers.
  • If a permanent employee has no work to do.
  • Where an employee is being investigated for a disciplinary matter and want to avoid being formally suspended.

What are your obligations under garden leave:

All the terms and conditions of the employment agreement still apply while the employee is on garden leave such as any lawful restrictions concerning secondary employment.

If you have any questions, queries or concerns, don’t be afraid to get in touch for some more free advice: