Garden leave redundancy

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This is known as ‘gardening leave ’ and it means that, although you’re not actually working, you’re still legally employed and will receive your normal salary and benefits but: You have to stick to the rules of your contract. What is garden leave? Can You double check garden leave? Can I contravene my gardening leave? If they agree you can leave early your employer does not have to pay you for the rest of your notice period.

You still get the same redundancy pay. If you get garden leave or pay in lieu of notice your employer will either tell you in person or put it in your redundancy letter. Talk to your employer or contact your nearest Citizens Advice if you’re not sure which you have. You’ll be paid at your usual times and pay your usual tax if you get garden leave.

You can put an employee you’re making redundant on garden leave. Garden leave and redundancy. You can do this from the time their notice period starts up until they leave the business.

But the same rules apply—the employee may not begin new employment until the garden leave period is over. You remain an employee throughout the period of garden leave. If you’ve recently handed in your letter of resignation, been suspended from your role, or been made an offer for redundancy , you could be placed on garden leave. Why are people placed on garden leave ? And the sooner you get help, the sooner you get redundancy. Employers must ensure things like private health insurance or similar continue until employment has actually ended.

In Thomas v BNP Paribas Real Estate, the Employment Appeal Tribunal (EAT) allowed an employee’s appeal against a tribunal’s finding that his dismissal was fair, notwithstanding that the tribunal had considered that the redundancy consultation process was “insensitive” and “perfunctory” especially as the employee was placed on garden leave at the start of the process. Put simply garden leave , also known as gardening leave , is a measure used by employers to keep employees who have tendered their resignation out of the competitive market place during their notice period. Putting you on garden leave takes you out of the equation for the period of your notice.

This means you are kept away from clients, colleagues and confidential information, whilst at the same time preventing you from joining a competitor. If you do not have an express garden leave provision in your contract you could claim that your employer is in breach of their contract with you. In reaction to this breach of contract, you may have grounds to claim that you have been constructively dismissed. It can be easier to argue. Ideally, we would therefore recommend that employers do not risk placing employees on garden leave during the redundancy consultation process, shutting off their IT access and contact with colleagues, as this could result in arguments that the decision to dismiss was pre-determined and the process a sham.

If an employer still wishes to place potentially redundant employees on garden leave. 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 role.

In most instances, garden leave will last as long as the notice perio which is usually around 1-months. One of the biggest advantages of the garden leave arrangement is that the employer holds the purse strings while the leave continues, and the employee is still covered by any contractual duties, for example a duty of confidentiality, until the end of the notice period. They can also be bought back to work if needed.

Use the redundancy pay calculator to work out your statutory redundancy payment liabilities.