What is Garden Leave?
We’ve all heard of someone being put on garden leave before, but what even is it?
It’s not being sent home to do some gardening.
Let’s say you’ve resigned, or your boss decides it's time to part ways (nice way of saying you’ve been sacked). Usually you’d work your notice period and be on your merry way to your new job. The difference here is that on garden leave you’d go home straight away and wouldn’t work your notice. You’d do absolutely no work during that time and you’d still get paid your agreed notice. I guess you could spend that time in the garden if you fancied it.
Why does it exist?
Truth is, sometimes when you’re leaving under tricker circumstances, you might be bringing the vibe down in the office or with clients. So it’s best to cut ties early to save everyone the painful experience of your notice period. Or, you might be leaving your job for a new one in the same industry (for your boss’s arch enemy competitor!), so they’re gonna want to keep you at arms length from any clients so you don’t try to take them with you. It’s not personal, it’s business baby.
When can your employer actually put you on garden leave?
The safest bet for them is to have it clearly stated in your contract. A little clause giving them the green light to send you off to tend your metaphorical garden. But even if it's not explicitly written, there might still be some wiggle room, especially if you're in a senior or specialised role.
There are limits to your garden getaway, your boss can’t put unreasonable restrictions on you whilst you’re gardening and they've got to prove it's necessary to protect their business interests, like keeping their secrets secret and their connections connected. Courts won't be too pleased if they’re doing it just to be an arse.
What's in it for me?
Well, your pay keeps rolling in, along with all of your contractual benefits and you don’t have to do any work!
Kiss goodbye to any bonusses or commission though, fair enough since you aren’t actually working.
What’s the catch?
There are some pretty common garden leave clauses you might come across. And you’ll need to stick to them, usually it’s stuff like not turning up at the office unannounced, refraining from calling up your old work friends without permission, not starting your new job earlier and getting paid double, or sharing information about your exit on social media. Every agreement is different though and you should get someone to have a quick look over it before you agree to it.
Whether you're the one taking the gardening break or the one sending someone off to tend the roses, it's all about balance and fairness. Clear communication and understanding the contractual commitments on both sides will help the process go smoothly.
This guide isn’t legal gospel. When in doubt, it's always best to seek out some personalised advice from a consultancy or advisor (wow it look like there’s a really good one based in Bristol)
Happy gardening!
Lisa
