Garden Leave Provision Uk

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.

Garden leave provision uk. This is called gardening leave. Though there is a price to pay in the form of the employees ongoing salary and benefits such clauses are wider in their possible scope and far more easily enforced than. There may be further restrictions and these are included as part of a garden leave contract.

Garden leave is the practice of placing restrictions on an employee during their notice period usually by preventing them from attending the workplace or having contact with clients. This is used when an employee position is no longer needed during the notice period. Employers must ensure things like private health insurance or similar continue until employment has actually ended.

Garden leave is the term given to a situation whereby an employee is required to serve out a period of notice at home or in the garden. Garden leave is a variation of a notice provision. Employees on gardening leave cant re-enter the workplace and cant work elsewhere during the period of leave.

Your employer may ask you not to come into work or to work at home or another location during your notice period. Garden leave is a notice period where employees are restricted from working but they still get a normal rate of pay. The main ingredients of a valid garden leave clause are that 1 the employer has no obligation to provide work 2 the right to exclude an employee from work 3 the right to prevent contact with customers 4 the right to prevent the employee from doing other work and 5 an indication of how an employee will be compensated for any loss of bonus or commission.

The employees typically are relieved of their duties and responsibilities during that time yet remain employed by the employer and therefore cannot go to work for a competitor. Even one which is for as long as 12 months. Moreover during garden leave the employer is under no obligation to provide work or assign any duties to the employee for the whole or part of the employees notice period.

1 If either the Executive or the Company serves notice on the other to terminate the Executives employment the Company may in its absolute discretion require the Executive to take garden leave for all or part of the remaining period of his employment. The term is in common use in banking and other financial employment in Britain Australia and New Zealand. Insert new definition in clause 11 of precedent.