If a business places an employee on garden leave without an express entitlement to do so, a court will consider whether the employee has a contractual right to work. Over the years, most cases have suggested that there is no implied contractual right to work, but simply a right to be paid. Subsequently, one may also ask, can you be put on garden leave if not in contract?
If a business places an employee on garden leave without an express entitlement to do so, a court will consider whether the employee has a contractual right to work. Over the years, most cases have suggested that there is no implied contractual right to work, but simply a right to be paid.
Also, when can you be put on garden leave? Gardening leave can be used in any circumstances in which the employee's contract of employment is being brought to an end and they are required to fulfill their notice period. This includes where an employee is dismissed with notice, made redundant or has resigned.
Furthermore, can I request to be put on garden leave?
Yes, garden leave can be requested by an employee as part of coming to an agreement on terms over leaving a position. Contracts of employment must give the right to use garden leave.
What are the rules of garden leave?
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. While a person is on garden leave he is usually forbidden to contact any of his employer's customers or fellow employees. Suppliers are sometimes off limits as well.
Related Question Answers
Can I furlough an employee on garden leave?
Q: Can I furlough employees if they are on notice or garden leave? A: Yes, but you would need their consent. There may be little incentive for them to agree to be furloughed, especially if you do not propose to top up their notice pay to normal pay (but please see notice pay question below). Is garden leave a bad thing?
It's nothing to do with being banished from the office for not being good enough at your job or restricting your future career and prospects. Many employers include 'gardening leave' in their HR policies to limit the risk to the firm of senior employees taking sensitive information to a competitor. Why would you put someone on garden leave?
Typically, employers use gardening leave for strategic reasons. Placing an executive on garden leave protects the employer's business by enabling the employer to exclude the employee from its business for the notice period – thereby keeping the individual away from clients, colleagues and confidential information. Is garden leave longer than notice period?
Garden leave is usually for more senior employees, who are likely to have a longer notice period than the statutory minimum. Therefore, this period of garden leave could be for a few weeks or few months depending on the employee's contractual notice period. Who pays gardening leave?
Garden leave is the colloquial term used where an employer does not require you to attend the workplace but will still pay your usual remuneration during the period of garden leave. You remain an employee throughout the period of garden leave. Can I work somewhere else on garden leave?
Your current employer can occasionally ask you to come into work while you're on garden leave. This means you shouldn't start another job in your notice period unless your existing employer agrees. Is garden leave mandatory?
An employer does not need to put a gardening leave clause in a contract during the on-boarding process when a new employee is hired, but they are recommended in certain cases. Some contracts, especially those for senior management and other executives, often come with a well-drafted garden leave clause. Can I refuse to work my notice period?
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. If staff sign the contract, they must adhere to it. How do I make sure I get garden leave?
Garden leave can also be instigated at the employee's request (if it suits you too) or as part of negotiated terms over departure. You must make sure either that the employee's contract of employment gives you a specific and enforceable right to use garden leave or the employee agrees in advance, preferably in writing. Do you get full pay on 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. Can you put someone on garden leave during redundancy consultation?
Employers should be aware that placing an employee on garden leave too early in the consultation process could give rise to allegations that the redundancy was predetermined, and thus unfair. 
