Garden Leave Clause Uk

In accordance with the work A Dictionary of Law this is a description of Garden Leave Clause.

Garden leave clause uk. A garden leave clause forms part of an employees contract of employment the employer may elect to relieve the employee from performing. A garden leave clause therefore may provide less protection to an employer than a reasonable non-competeLogistical issues regarding electronic access during the garden leave period if the employee is needed for transitional duties during that time. 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.

9 pages ask a question 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. In the clause you can include details such as who they can communicate with regarding leave what they should expect regarding attendance at the office and so on. Garden leave clauses are typically enacted when.

The employee has been dismissed or has resigned but you dont want them to come to work during their notice period or start a new job during this period either. Massachusetts passed a garden leave clause into law in 2018 making. The relatively short duration of a garden leave clause typically 30 to 90 days compared with a typical non-compete clause term of six to 18 months.

So in the example above the court could have decided on an injunction to enforce garden leave for 6 months. It also examines the approach taken by the courts in enforcing garden leave and the options available to an employer wishing to compel an employee to work. An effective garden leave clause should make clear that the employee will be paid and entitled to contractual benefits as usual and also include a right for an employer to exclude the employee from the workplace and insist that they remain contactable during their usual working hours but do not perform work or contact staff or other company contacts without express permission.

The reasonableness of a garden leave clause will be judged on at the time of enforcement ie. Garden leave clause uk. Employees on gardening leave cant re-enter the workplace and cant work elsewhere during the period of leave.

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. This is a preview. You want to restrict an employees access to company information immediately.