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Garden leave

“Garden leave” or “gardening leave” is the practice of requiring an employee not to attend the employer’s premises for work during their contractual notice period. Instead, the employee is paid his or her full contractual salary to stay at home. The practice is often used where a senior or key employee resigns in order to join a competitor, sometimes in conjunction with a non-compete clause.


    • Associative discrimination
    • Disability discrimination
    • Latest News

    Software exec awarded £90k for associative discrimination

    by Rob Moss 22 May 2024
    by Rob Moss 22 May 2024

    Software executive awarded £89,900 after his employer discriminated against him in association with his wife’s cancer treatment.

    • USA
    • Latest News
    • Global mobility

    US trade commission votes to ban non-compete clauses

    by Jo Faragher 24 Apr 2024
    by Jo Faragher 24 Apr 2024

    The US Federal Trade Commission has voted to adopt a ban on non-compete clauses that prevent workers from switching jobs within the same industry.

    • Age discrimination
    • Local authorities
    • Latest News

    Worker told ‘we won’t be here forever’ wins ageism claim

    by Rob Moss 27 Feb 2024
    by Rob Moss 27 Feb 2024

    School worker wins age discrimination and unfair dismissal claim after being told ‘We’re not all going to be here forever’

    • Hybrid working
    • Latest News
    • Labour market

    Competition and the labour market: employers are facing tensions

    by Catherine Taylor, Neil Baylis, Rebecca Timms and Aisleen Pugh 8 Feb 2024
    by Catherine Taylor, Neil Baylis, Rebecca Timms and Aisleen Pugh 8 Feb 2024

    Employer market power has been affected by the rise of hybrid working and the gig economy. A new report details how the labour market is responding.

    • Infertility
    • Fit notes
    • Latest News

    Top 10 HR questions June 2023: Time off for fertility treatment

    by Brightmine 4 Jul 2023
    by Brightmine 4 Jul 2023

    Popular HR questions in June 2023 include topics such as term-time workers' holiday pay and rights to time off for fertility treatment.

    • Employment law
    • Latest News
    • Garden leave

    Non-compete clauses and proposed limits on their duration

    by Rob Moss 12 May 2023
    by Rob Moss 12 May 2023

    Legal experts react to a proposed time limit being introduced by government on non-compete clauses in employment contracts.

    • Constructive dismissal
    • Employment law
    • Discipline

    Football and HR: 10 employment law issues in the beautiful game

    by Dean Fuller 18 Feb 2022
    by Dean Fuller 18 Feb 2022

    Many cases highlight how professionalism is lacking in UK football when it comes to employment contracts, even in the ultra rich Premier League.

    • Europe
    • Coronavirus
    • Vaccinations

    Italian firm offers vaccine refusers six months’ paid leave

    by Adam McCulloch 27 Jul 2021
    by Adam McCulloch 27 Jul 2021

    The move by Italian high-end design firm Brunello Cucinelli is designed to protect workers who have been vaccinated.

    • Coronavirus
    • Latest News
    • Employment tribunals

    Calculating notice pay for employees on furlough

    by Daniel Barnett 29 Apr 2020
    by Daniel Barnett 29 Apr 2020

    The Coronavirus Job Retention Scheme (CJRS) was created at such speed that it created many unanswered questions. The government has...

    • Bullying and harassment
    • Latest News
    • Professional services

    KPMG partners leave firm after WhatsApp probe

    by Adam McCulloch 9 Sep 2019
    by Adam McCulloch 9 Sep 2019

    A misconduct investigation at services giant KPMG into the use of WhatsApp messages by a senior manager has led to the departure of three top executives.

    • Confidentiality
    • Garden leave
    • Notice periods

    How to deal with the risks of departing employees with a grudge

    by Pam Loch 19 Dec 2017
    by Pam Loch 19 Dec 2017

    Employees who are leaving under a cloud can cause problems, demonstrated recently when a Twitter employee hid President Trump’s account...

    • Garden leave
    • Notice periods
    • Probationary periods

    Employee notice periods: Getting the balance right

    by Michael Carty 5 Oct 2016
    by Michael Carty 5 Oct 2016

    New XpertHR Benchmarking research has found that most employers are happy with the way notice periods work at their organisation, ...

    • Garden leave
    • Notice periods
    • Payment in lieu of notice (PILON)

    Employee notice periods: take part in our survey

    by Michael Carty 25 Jul 2016
    by Michael Carty 25 Jul 2016

    XpertHR is running a short benchmarking survey on employee notice periods, focusing on resignations outside the probationary period.
    Take part...

    • Compassionate leave
    • Absence
    • Commission

    Leave and absence: managing attendance fairly (webinar)

    by Personnel Today 21 Jun 2016
    by Personnel Today 21 Jun 2016

    ON DEMAND | What happens when employees take holiday, fall sick, or have other reasons that affect their attendance?

    • Garden leave
    • Restrictive covenants

    Restrictive covenant review as the job market recovers

    by Darren Hayward 1 Oct 2015
    by Darren Hayward 1 Oct 2015

    Employers that have not updated restrictive covenants in their employment contracts should do so as the jobs market improves, and...

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