Garden Leave Notice Period

For all intents and purposes, during the garden leave, the employee remains an employee and must remain accessible to the employer. This is used when an employee position is no longer needed during the notice period. With garden leave, even if you don’t have the right set out in the contract of employment, it is highly unlikely your employee will suffer any financial loss by being placed on garden leave, meaning the risk of the decision being challenged is small.

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Termination is bound to make every employee unhappy.

Garden leave notice period. If they agree you can leave early your employer does not have to pay you for the rest of your notice period. The term ‘gardening leave’ simply means an employee’s suspension from work on full pay for the duration of a notice period. 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 is when a departing employee is required to stay away from work during their notice period. Xperthr defines garden leave as the practice of requiring an employee not to attend their employer’s premises for work during their notice period. A garden leave clause forms part of an employee’s contract of employment, the employer may elect to relieve the employee from performing his/ her duties for the duration of any notice period, on full pay.

This is called ‘gardening leave’. Garden leave is a period of time where the employer requests an employee not to report for work although the employee’s employment contract has not expired. There is a difference between offsetting notice period with annual leave and going on approved annual leave during notice period.

A garden leave is a policy that allows an employee who is leaving an employer to stay away from the workplace during the notice period. Garden leave refers to the process where you spend part (or the full) duration of your notice period away from the office, on payroll and receiving contractual benefits of employment. Has access to commercially sensitive information and is going to be working for a competitor at the end of their notice period.

Garden leave describes the practice whereby an employee leaving a job—having resigned or otherwise had their employment terminated—is instructed to stay away from work during the notice period, while still remaining on the payroll. Employers might wish to place their employees on garden leave to take them out of the office before the employee commences another job in competition with the employer. An employee can be uncooperative and unprofessional during the notice period as they are already being terminated.

Without prejudice to the provisions of clauses 4.3 (payment in lieu of notice) and 15.2 (summary dismissal), the company may, once notice of termination has been given by either side require the executive to cease performing his job for such period or periods of the notice period as the company shall in its absolute discretion determine. Instead, the employee is paid their full salary to stay at home. The employee must stay away from work during the whole or part of his notice period but continues to be employed and to receive pay and benefits.