The meaning of garden leave (aka ‘gardening leave’), is that you require the employee to be away from the workplace during their notice period. 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. As such it is usual in such circumstances for the employer to state to the employee that they are not to attend the premises, not contact clients and not carry out any related work for the business.
The Employer should be aware that notwithstanding garden leave they still remain an employee and, as such, they will continue to receive salary and contractual benefits in the usual way. The employee should be aware they will be bound to the terms and conditions of their employment contract during the garden leave. This will mean they cannot take up alternative employment or do any thing contrary to their employers interests.
For advice, assistance or further information about Garden Leave please do not hesitate to call 630530 or email us on employmentlawyers@parslowsjersey.com
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