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What is 'gardening leave'?

#yourquestionsanswered What does it mean to be put on gardening leave, and do you have to agree?

Sad employee

Garden leave is when an employee retains their employment, receives full pay but does not report to work. Both the employer and the employee need to agree to this. 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.

Note: you should still accrue annual leave etc while on gardening leave.

If an employee resigns, they can be put on garden leave
  • for their notice period to help them search for another job

  • to reduce distraction for other workers

  • to cover their restraint period

Other potential, although less common, situations might be:
  • 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.


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