Garden Leave Clause Uk

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Garden leave clause uk. Garden leave is basically a device which an employer can use to help protect itself against possible mischief by an employee during his notice period when the employee has resigned or been dismissed. A contract clause for circumstances when an employer wishes to be able to place an employee on garden leave during the notice period following either the employee's resignation or a dismissal with notice. Garden leave clause in united kingdom definition of garden leave clause.

When an employee seeks to leave employment immediately without notice or by giving a reduced period of notice in breach of the contract of employment, the employer, who wishes to enforce a garden leave clause, should refuse to accept the termination and hold the employee to the obligation to give notice and then suspend him on garden leave for. A garden leave clause in your contract of employment allows your employer to exclude you from work for the duration of your notice period. They do not so much replace restrictive covenants as reinforce them.

Garden leave can also be instigated at the employee's request (if it suits you too) or as part of negotiated terms over departure. If a business wants to enforce a garden leave clause, it should refuse to accept the termination of the contract and suspend the employee for the duration of that notice period. This note considers the law surrounding garden leave.

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. 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. No express garden leave clause and the right to work.

When an employer 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. Human resources issues regarding garden leave. [insert in operative provisions as clause 3:] 1.

The right to place an employee on garden leave is a contractual one, meaning you should include a garden leave clause when drafting an employee contract. In placing the employee on garden leave, the employer must not do anything that could amount to a breach of the contract with the employee. Express garden leave clauses are now often seen in contracts of employment, particularly those of senior employees.