During gardening leave, the individual will be contractually retained by the employer as an employee, but they will be kept away from the business. This means that the employee will not be required to complete any work, attend work, or to communicate with colleagues and clients.
What does garden leave mean in the UK?
Garden leave is one of the many tools employers have at their disposal to help protect their business interests. 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.
What is garden leave in New Zealand?
Is not referred to in employment legislation but is a term sometimes used to describe a period when an employee retains their employment, receives full pay but does not report to work.
Can I go on holiday during garden leave?
Employees also continue to accrue holiday during garden leave, even though they are not attending work. You may be able to require them to take holiday during their notice period, but remember when calculating it that you need to include holiday accrued to their actual termination date.
What are the rules around gardening leave? – Related Questions
Can I work during garden leave?
During garden leave your employer may require you to perform alternative duties or work from home, and you may be required to return any company property in your possession which was provided for work purposes, such as a company mobile or laptop.
Why would you be put on garden leave?
Why Do Companies Put Employees On Garden Leave? The ‘garden leave’ clause in an employment contract is most often used when an employee leaves to go and work for a competitor. This effectively provides a ‘buffer zone’ between their current job and their future one.
How do you get garden leave?
Garden leave applies when an employee leaves a job – either when they’ve handed their notice in or you’ve given them notice – and you tell them not to work. The term ‘gardening leave’ simply means an employee’s suspension from work on full pay for the duration of a notice period.
Is garden leave paid leave?
Garden leaves sound too good to be true and sometimes they are. It only works if both the employer and employee agree to the terms of garden leaves. They are contractually on the company’s payroll and receive remuneration for the period of garden leave.
Can an employee refuse garden leave?
If an employee requests that they are placed on Garden Leave when they tender their resignation, the employer has the right to refuse. However, many employers may find that it is to their benefit to agree to this as part of the agreement of terms for leaving their employ, as it can limit disruptions in the workplace.
Can I start a new job while on gardening leave?
You may apply for jobs while on ‘gardening leave’, but you may not start a new job unless your current employer gives you written permission. As with any notice period, you may not start a job until it’s complete.
How long does gardening leave last?
How long does garden leave last? The duration of garden leave tends to reflect that of the notice period stated in your contract. Thus, garden leave can last anywhere from a week to three months and, in some cases, high-level executives will be expected to give a whole year’s notice.
Why is it called garden leave?
Why is it called gardening leave? It is known as gardening leave, or garden leave, because while employees may not be required to work for their employers and are almost always not allowed to work for another employer or themselves, they are allowed to tend their gardens!
Is garden leave longer than notice period?
Any period of garden leave should not be longer than is necessary to protect the employer’s legitimate business interests. Ordinarily, the duration of gardening leave mirrors the employee’s contractual notice period.
Is garden leave good?
Garden leave is sometimes considered to be a euphemism for being suspended and can be perceived to have negative connotations such as the employee being unfit for anything other than tending to their garden. Garden leave is also similar to a non-compete clause.
What can I do while on garden leave?
For an employee on gardening leave, this typically means that they will not be allowed to work for another employer, act in a self-employed capacity or do anything that is contrary to the employer’s business interests.
Can an employer ask you to work during garden leave?
Your employer may ask you not to come into work, or to work at home or another location during your notice period. This is called ‘gardening leave’. You’ll get the same pay and contractual benefits.
Who gets garden leave?
It is commonly used for senior employees who have greater access to restricted or confidential information or who have secured a new role with a competitor. During gardening leave an employee is still under contract and therefore bound by all contractual clauses including a duty of confidentiality.
How do you ask for garden leave?
To persuade your employer to give you ‘gardening leave’, include the company that you are moving to, the role you will be taking on, and the responsibilities you will have in your letter of resignation.
How much notice do I have to give?
At least one week’s notice if they’ve been employed by you for longer than a month up to two years. At least two weeks’ notice if they’ve been employed by you continuously for two years. They will need to give an additional one week’s notice for every additional year they’ve worked up to a maximum of 12 weeks.
Do I have to work my full notice period?
Let’s be clear straight away. As long as you haven’t breached the contract, you don’t have to pay someone for their notice if they refuse to work it. Do you have to work your notice period? Yes, employees will normally be contractually obligated to work their notice period.