When an employee leaves an organisation, they are generally required to work their notice. But not always…
There may be occasions where you want to keep the employee away from the business to protect it (or its interests) or to stop the employee from working for a competitor straight away.
Other times, the employee might request to go on garden leave (particularly if there’s been a breakdown in the employment relationship or they’ve been struggling with a health condition).
In these circumstances, garden leave might be appropriate.
Fun Fact: It’s thought that the name ‘garden leave’ comes from the idea that whilst an employee is temporarily unable to work, they can spend their time on other hobbies or pastimes, such as gardening.
But garden leave doesn’t come without risk. From cost implications and inefficiency challenges, to risks of breach of contract or constructive dismissal. The application of garden leave must be carefully considered.
What’s more, you’ll need a robust contractual clause before you go down this route. Thankfully, we have put an example one together for you. You’ll find it in our ‘Free Resources’ section of the platform. Simply search ‘garden leave contact clause’ to access your copy.
Our Subscribers can also access our template garden leave letter, ideal if an employee resigns and you need to place them on a period of garden leave, whatever the reason.
