Garden Leave - What Is It And How Does It Affect You?
Copyright (c) 2012 Robert Gray
Garden leave is the term used to refer to somebody who is serving out their notice period away from the office whilst still employed by their company and receiving full pay and benefits. This article looks at which type of employees may be put on garden leave and the reasons for putting an employee on garden leave rather than have them serve out their notice period whilst still working in the office. It also addresses whether an employer has an automatic right to place an employee on garden leave and what you should do if you have any queries about your rights and obligations whilst on garden leave.
An employee can be put on garden leave either as a result of handing in their resignation from their position or after having received notice from their employer that their position of employment is to be terminated. The type of employees that are usually put on garden leave include those that work in a competitive environment and are likely to have a following of clients, those who have access to confidential or sensitive information, employees that are going to work for a direct competitor and those that hold a senior role in the company or organisation. An employer may wish for the employee to serve the notice period out at home so that they are not privy to confidential and sensitive information within the office and do not have regular contact with existing clients or work providers.
Your contract of employment should contain some reference to what would happen if you were to either resign from your position or were to have your position terminated by your employer. There may be an explicit reference to garden leave within the contract and it may be made very clear that you would be put on garden leave if resignation or termination occurred. Alternatively, whilst the term 'garden leave' may not be specifically used in the contract of employment, reference may be made to the fact that your employer is under no obligation to provide you with work and your employer may rely on this term to support their decision to put you on garden leave. If your employment contract does not contain a specific reference to either garden leave or to your employer having no-obligation to provide you with work, any dispute arising by your employers attempt to place you on garden leave may need to be dealt with by the court. The court will deal with each individual case on its merits and will assess the reasons for your employer's decision and any detriment caused to you by being placed on garden leave.
If you have any concerns about your rights and obligations whilst on garden leave you should seek advice from an expert employment lawyer and should provide a copy of your employment contract so that your questions and concerns can be answered comprehensively.
About the Author
If you need advice about an Employment Compromise Agreement please visit http://www.grayhooperholt.co.uk/employment-solicitor/employment-compromise-agreements.html
Looking for Employment Law Solicitors then visit http://www.grayhooperholt.co.uk/employment-solicitor/employment-law-solicitors.html
Tell others about
this page:
Comments? Questions? Email Here