Gardening leave letter

If the employee’s notice period is longer than six months, and they are on garden leave for this period of time, a court may rule that it is longer than necessary to protect your interests. Can an employee take gardening leave? What is a gardening leave?

Is garden leave a covenant? Can I be placed on garden leave?

Garden leave contract clause Type: Policies and documents. While it’s common for gardening leave to begin on the day you resign, that’s not always the case. If you’re about to hand in your notice and suspect you might be placed on garden leave , it’s important to remember that the terms are in the hands of your employer, and they may wish that you stay on for a few more days, or even longer, depending on the needs of your employer and your. This is called ‘ gardening leave ’. You’ll get the same pay. An employer can only use gardening leave if the employees contract of employment includes a gardening leave clause.

The rights of the employer to request that the employee complete gardening leave will depend on the nature of the contract.

If possible, the employer should make sure that they clearly state in unambiguous language that they can exercise the right of gardening leave and what this. Confirmation of garden leave. They can ask you to take any unused holiday during your garden leave.

Holiday, sickness and leave. Where there is no express garden leave clause in the employee’s contract of employment, they could argue that its imposition is a repudiatory breach of contract and claim constructive dismissal. For the duration of the garden leave , the employee must remain available to work for the employer during normal working hours. They are usually required to be available if necessary and remain under contract with you, i. Employers use gardening leave where there is an express term in the Employment Contract allowing them to withdraw the employee’s duties and exclude them from the premises. Generally, the employer will be able to place the employee on garden leave for the whole of their notice period.

Gardening leave (garden leave ) You might be asked to serve out your redundancy notice away from work. But, where an employee has an exceptionally long notice perio say more than six months, the employer may be. This Letter Placing an Employee on Garden Leave Following Resignation should be used by an employer who has the express contractual right to place an employee on garden leave. You remain an employee throughout the period of garden leave.

If the employment agreement doesn’t have a garden leave provision, an employer shouldn’t put an employee on garden leave without their agreement. Employees on gardening leave can’t re-enter the workplace and can’t work elsewhere during the period of leave. There may be further restrictions, and these are included as part of a garden leave contract.

Whether or not garden (or gardening ) leave is viewed positively or not by an employee depends entirely on their individual circumstances. While on garden leave , employees still have the rights of a normal employee of the company and there are a number of activities available to them. Some of the actions an employee on garden leave can take include: Looking for a new job. If an employee has been placed on garden leave due to. You can offer it to your employee if, for example, they’ve handed in their resignation.

However, this may cause a breach of contract depending on their role. In most cases, this will only be there if it’s a highly skilled. We explain your rights and responsibilities. A garden leave clause is intended to keep the employee away from the business to protect its confidential information and goodwill. A period of garden leave also allows the employee’s successor to build a relationship with customers, clients and suppliers.

Typically, employers use gardening leave for strategic reasons. Placing an executive on garden leave protects the employer’s business by enabling the employer to exclude the employee from its business for the notice period – thereby keeping the individual away from clients, colleagues and confidential information. It also prevents the employee from being able to commence new employment. Provide them with a garden leave letter —you can read our template below.

Remember to adapt this to meet your business’ requirements. The term originated in the British civil service, where employees had the right to request special leave for exceptional purposes. The manner of their leaving doesn’t matter—whether it’s due to resignation or contract termination, you can apply garden leave. In simplified form, that’s a basic garden leave meaning. But let’s take a closer look into what’s involved in the process.

The employee is not required to perform their duties during this notice period. Employers often use this form of leave when they want to protect confidential information or the.