Garden Leave Longer Than Notice Period

For example, if you are placed on garden leave during your 3 month notice period, and you had restrictive covenants which prohibited you from approaching past clients for six months after you have left your employer’s business, the restrictive covenants would be reduced by the 3 months that you had already spent on garden leave. When you are at the interview stage, it is very important to be honest about your notice period and not to make false promises that you can start on a certain date, when in reality you are not 100% sure. If you're on a limited period contract, there is no specified notice period.

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If an employee resigns, an employer might want to use garden leave for their notice period for a variety of reasons, for example, the employee:

Garden leave longer than notice period. Garden leave is where the employee is bound by the terms of the employment contract and does not come into work during the notice period. They can remain on garden leave until their notice period has expired, and they will be paid their notice even though. It cannot be more than three months as per law, and your employer cannot force you to work longer than that.

If they agree you can leave early your employer does not have to pay you for the rest of your notice period. Notice period is worked on the basis of years of complete service. Instead, the employee is paid their full salary to stay at home.

Similarly, if there is a ready replacement for someone in your role your current employer might be happy for you to leave without working your full notice period. You will be paid for this work in the usual way. If your employer tells you not to work in your notice period.

With your employer’s agreement, you can use your annual leave to offset the notice period in exchange for bringing forward your last day of employment. The statutory minimum period of notice where you have been employed one month or more is 1 week. Employees on garden leave typically are not expected or even allowed to work during this time and are prohibited from taking up a job with a new employer.

6.2 can employers require employees to serve a period of “garden leave” during their notice period when the employee remains employed but does not have to attend for work? My redundancy terms of agreement states that i am being given 2 months notice period from the 31st january, this being my exit date. I work in a highly competitive industry and my non compete seem to be ironclad.

They can ask you to take any unused holiday during. This could be because the employer does not want the employee to have access to sensitive or confidential information they could use in a new job. Pay in lieu of notice: