Why put someone on gardening leave?

Gardening leave is also seen as a useful tool by many employers. It gives them assurance that, for the duration of the departing employee’s notice period, that employee cannot take up employment with a competitor and remains bound by their fundamental obligations of loyalty and fidelity.

Can a company put an employee on garden leave?

Moreover, during garden leave, the employer is under no obligation to provide work or assign any duties to the employee for the whole or part of the employee’s notice period. Placing an employee on garden leave in the UK often involves asking the employee: Not to perform any service for the company; Not to attend the premises;

What does it mean to have garden leave?

Garden leave is the penultimate process before termination of employment . The employee would be put under notice by the employer and asked not to come into work during their notice period.

Do you have to give notice of garden leave?

As you will be accruing leave and holiday pay during garden leave, your employer may choose to exercise their rights under reg.15 of the Working Time Regulations 1998 and demand you take annual leave during your garden leave. Your employer must give you notice of the compulsory annual leave they wish you to take.

When do you return to work after garden leave?

You remain an employee throughout the period of garden leave. At the end of the garden leave period your employment maybe considered to have come to an end and your entitlements should be paid to you if this is the case. Alternatively your employer may direct you to return to work.

When to use garden leave and pay in lieu of notice?

When an employee leaves your company, either due to redundancy or dismissal, there is plenty of scope for confusion, confrontation and miscalculation. Understanding the ins and outs of PILONs and garden leave is the first step to ensure you and your employees don’t suffer during the notice period. What is garden leave?

When to put redundant employee on garden leave?

All you need to include is a statement declaring when the period begins and when it finishes. You can put an employee you’re making redundant on garden leave. You can do this from the time their notice period starts up until they leave the business.

Can You claim constructive dismissal on garden leave?

And the employee could claim constructive dismissal. An employee has all the same rights they would have if they were working their notice. 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.