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How to manage garden leave

Garden leave allows an employer to require an employee to stay away from work during their notice period while remaining employed. This guide explains how to use garden leave lawfully, including contractual requirements, enforceability, pay and benefits, and how to manage the employee during the garden leave period.

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By Darren Newman, Brightmine Consultant Editor

Garden leave is a colloquial term for the situation in which an employer instructs an employee who has either given or been given notice of termination not to come into work for the duration of the notice period. It is most commonly used when the employee has given notice of resignation to go to work for a business that is in competition with the employer.

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  • Avoiding breach of contract
  • Garden leave clauses
  • The length of garden leave
  • Ensuring that the garden leave clause is enforceable
  • The start of the garden leave period
  • Arranging a handover of the employee’s work
  • The employee’s personal effects
  • Pay and benefits during the garden leave period
  • Annual leave
  • Monitoring the employee during the garden leave period

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About the author

Darren Newman, Employment Lawyer at Brightmine

Darren Newman
Employment Lawyer, Employment Law Ltd

Darren Newman is an employment lawyer and consultant editor at Brightmine. He qualified at the Bar in 1990, and has extensive experience of representing both employers and employees in the employment tribunal. Darren has provided employment law training to major government departments, commercial organisations, local authorities and public bodies.

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