When would you be put on garden leave?

An employee may be put on garden leave during their notice period. During garden leave an employee will typically not be expected to be present at the workplace or to undertake work. However, the employee may be expected to respond to phone calls or emails from their employer.

Whether or not garden leave would be an appropriate course of action would depend on the particular circumstances, and it may well be useful for the organisation to obtain professional advice to ensure that everything is done correctly, and the process runs smoothly.

Is garden leave the same as suspension?

Garden leave should not be confused with suspension. Being put on garden leave is not part of the disciplinary process, and therefore is entirely different from being suspended.

Where it is thought that an individual may be responsible for wrongdoing, the matter should be dealt with in accordance with the organisation’s disciplinary procedure. For more information on suspension, read our blog suspended at work, will I get fired?

Is gardening leave paid?

Yes, a person remains an employee during their period of garden leave and should be paid as such. If the practice of gardening leave is used by the organisation, details should be provided in the employee’s contract of employment and or the employee handbook. To find out more about employee handbooks, read our blog what is an employee handbook?

Can the individual undertake work for another employer whilst on garden leave?

As referred to above, an employee on gardening leave would typically be expected to be available to the organisation during their contracted hours and not to undertake work for another employer during those contracted hours.

Who decides whether or not an employee should be placed on gardening leave and what is required of the employee during that time?

The decision whether or not to place an employee on gardening leave is ultimately for the employer. However, it is important that employers act consistently, and in accordance with their procedures.

Garden leave and next steps

It is important to remember that garden leave is only one of the issues for an employer to consider. For example, if the employee is leaving, what arrangements need to be made to ensure that disruption is minimised? If the employee’s employment contract contains any post – employment restrictions is the individual aware of them?

Plotkin & Chandler works exclusively in the areas of HR and employment law and assists both employees and employers.

If you are an organisation, we have expertise in delivering HR consultancy and HR training on the topics included in this blog, such as managing departures. In addition to our HR services, we support clients with Defending an Employment Tribunal Claim.

If you are an employee, and feel that you have been unfairly treated, or you would like to discuss bringing an Employment Tribunal Claim, we would be pleased to hear from you.

Please contact us on 020 3923 8616 or via email on info@plotkinandchandler.com to discuss your needs and the ways in which we can help.