Garden Leave Longer Than Notice Period

Garden leave during employee notice periods. No notice period must be observed by termination by mutual agreement or termination with immediate effect. However, you may be required to take any outstanding annual leave during your notice period.

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Gardening leave is often used by employers wanting to protect themselves against competition or poaching of customers, clients, or staff by an employee.

Garden leave longer than notice period. But, where an employee has an exceptionally long notice period, say more than six months, the employer may be unable to enforce garden leave for the full 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: Xperthr defines garden leave as the practice of requiring an employee not to attend their employer’s premises for work during their notice period.

Statutory right to pay in lieu of notice or garden leave. Whilst you are on garden leave, you will be entitled to full pay and company benefits, including bonuses. However, most contracts stipulate specific notice terms, and even if they don’t you might be expected to work for longer than a week.

Putting you on garden leave takes you out of the equation for the period of your notice which means you cannot contact clients or colleagues for that period. If they agree you can leave early your employer does not have to pay you for the rest of your notice period. Garden leave (or gardening leave) is when an employer tells an employee not to work for all or some of their notice period.

One month or more worked = one week’s notice; If your employer tells you not to work in your notice period. They can remain on garden leave until their notice period has expired, and they will be paid their notice even though.

For example, if you are placed on garden leave during your 3 month notice period, and you had restrictive covenants which prohibited you from approaching past clients for six months after you have left your employer’s business, the restrictive covenants would be reduced by the 3 months that you had already spent on garden leave. It is imperative that you start on the right foot with your new employer, so make sure you know exactly how long your notice period is. I work in a highly competitive industry and my non compete seem to be ironclad.

The statutory minimum period of notice where you have been employed one month or more is 1 week. You still get the same redundancy pay. Another option is to agree with the employee an earlier termination date with a compensation payment.