Garden Leave Longer Than Notice Period

An employee has all the same rights they would have if they were working their notice.

Garden leave longer than notice period. Has access to commercially sensitive information and is going to be working for. Essentially you sign the first part when originally agreeing to the deal and then you sign the second part after you have come to the end of your employment. If your employer refuses to do so then you may have rights to claim for outstanding wages and possibly terminate your employment earlier without serving out your notice period.

You would only be paid up to your last day of work. Usually the employee will be placed on garden leave for their entire notice period however if the employee has a notice period that is exceptional in length the employer may be unable to force the garden leave to last this long. Whether a garden leave provision is enforceable will depend on whether it is reasonable.

Garden leave is when an employee completes their notice period away from the workplace whilst still receiving pay and benefits as normal. The maximum period of garden leave must normally be no more than about six months. In theory you need a contractual right to do this but the worst that could happen is that he resigns earlier and sues you for the balance of his notice pay.

This is for employees who are going on a long garden leave or working out their notice rather than finishing work straight away. If the employees notice period is longer than six months and they are on garden leave for this period of time a court may rule. Some examples of using garden leave during notice periods can include.

The requirement for the employee to deliver up his fully maintained company car when directed to take garden leave for his notice period constituted a repudiation of the contact of employment by the employer. Garden leave during employee notice periods. Garden leave is typically used during the notice period of either an employee resigning or if you end the employment of a staff member.

Garden leave typically runs for the length of the notice period in the employment contract. A court ruling would be likely to find that garden leave can only be enforced for a length of time legitimate to. Employees on garden leave typically are not expected or even allowed to work during this time and are prohibited from taking up a job with a new employer.