In summary, a garden leave clause is a specific clause in an employment contract that allows an employer to require an employee to remain away from the office. Without such a contractual right it can be very difficult to lawfully prevent an employee attending the office.

Strictly speaking, garden leave can be imposed at any point during the course of the employee’s employment, but it is usually introduced for all or part of an employee’s notice period as it’s main purpose is to keep the departing employee away from the business to protect its confidential information and goodwill. The objective for the employer is to ‘de-value’ the confidential information the employee may have memorised with the passage of time.

The employment contract usually continues throughout gardening leave and the employer remains under an obligation to perform all the terms of the contract including the payment of salary and the provision of all contractual benefits.

For more information, please call the employment team on 0161 834 2623.