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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.


    • 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...

    • Employment law
    • Dismissal
    • Employment contracts

    Notice periods: 10 employers’ questions on UK law

    by Ashok Kanani 23 Sep 2015
    by Ashok Kanani 23 Sep 2015

    What do employers need to know about notice periods on the termination of employment? Ashok Kanani answers the top 10...

    • Dismissal
    • Garden leave
    • Notice periods

    How could changes to tax-free termination payments affect employers?

    by Matt Gingell 15 Sep 2015
    by Matt Gingell 15 Sep 2015

    As part of the Summer Budget, the Chancellor announced plans to change the tax treatment of termination payments and the...

    • Garden leave
    • Restrictive covenants

    How employers can protect confidential information

    by Oliver Spratt 29 Apr 2015
    by Oliver Spratt 29 Apr 2015

    Recent statistics have indicated a rise in the number of attempts by employees or former employees to misappropriate an employer’s...

    • Garden leave
    • Restrictive covenants
    • Social media

    Protecting LinkedIn contacts: how to stop departing employees poaching clients

    by Michael Farrelly 7 Jan 2015
    by Michael Farrelly 7 Jan 2015

    The risk of employees using contact lists to poach clients when they leave an organisation is nothing new, but the...

    • Garden leave
    • Restrictive covenants

    Garden leave: the employer’s prerogative

    by Meriel Schindler 16 Dec 2014
    by Meriel Schindler 16 Dec 2014

    Meriel Schindler, head of employment at Withers LLP,  looks at how employers should respond to employee resignations and how to...

    • Garden leave
    • Restrictive covenants

    Key tips for avoiding errors when drafting restrictive covenants

    by Kate Brearley and Kiersten Lucas 29 Aug 2014
    by Kate Brearley and Kiersten Lucas 29 Aug 2014

    Restrictive covenants are one of the key weapons in the fight against unlawful competition by former employees. Drafting enforceable restrictions...

    • Constructive dismissal
    • Garden leave
    • Restrictive covenants

    Is garden leave overrated?

    by Charles Wynn-Evans 18 Dec 2013
    by Charles Wynn-Evans 18 Dec 2013

    Charles Wynn-Evans questions whether garden leave is all it is cracked up to be or if there are hidden pitfalls...

    • Employment law
    • HR practice
    • Garden leave

    Weekly dilemma: Garden leave

    by Personnel Today 1 Dec 2011
    by Personnel Today 1 Dec 2011

    Our HR director resigned a few weeks back and is completing three months’ garden leave. Her LinkedIn profile now claims...

    • Employment law
    • Recruitment & retention
    • Garden leave

    Legal opinion: Taking a proactive stance on competitor poaching

    by John Buchanan 19 Sep 2011
    by John Buchanan 19 Sep 2011

    As the economy recovers, competition for skilled employees increases. In order to grow the business, many companies aim to recruit...

    • Age discrimination
    • Bullying and harassment
    • Employment law

    Equality Act 2010: six updates for your equal opportunities policy

    by Personnel Today 10 Mar 2010
    by Personnel Today 10 Mar 2010

    For a limited time only, Personnel Today Plus members can access a full model policy on equal opportunities which takes...

    • Business performance
    • Employment law
    • Latest News

    Royal Mail HR director was made redundant in January

    by Lindsay Clark 24 Feb 2009
    by Lindsay Clark 24 Feb 2009

    A Royal Mail group HR director has been made redundant, just as parliament is set to debate the possible part-privitisation...

    • Employment law
    • Garden leave

    Garden leave – employment law

    by Personnel Today 24 Sep 2008
    by Personnel Today 24 Sep 2008

    Garden leave or gardening leave is a period whereby an employee continues to receive their normal salary despite having been given notice of dismissal and being ordered to serve out a period of notice at home – or “in the garden”.

    • Police
    • Employment law
    • Equality, diversity and inclusion

    Tarique Ghaffur accuses Met police of victimisation

    by Louisa Peacock 10 Sep 2008
    by Louisa Peacock 10 Sep 2008

    Tarique Ghaffur has claimed he is being victimised for making a complaint about race discrimination against the Metropolitan Police, after...

    • Case law
    • Employment law
    • Garden leave

    Garden leave: right to work undermined by behaviour

    by Jane Hannon 16 Jul 2008
    by Jane Hannon 16 Jul 2008

    SG&R Valuation Service Co v Boudrais & Others

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Personnel Today
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