If a member of your staff is planning on handing in their notice, one topic that might come up is gardening leave.

In this article, we look at what gardening leave is and why some employers choose to put it in their staff members’ contracts.

What is gardening leave?

Gardening leave is where an employer asks a staff member to not work in the office during their notice period. They still receive the same pay and contractual benefits as they would if they were at work. They can spend some or all of their notice period on gardening leave.

In most cases, your staff member will not be expected to work during this period. That being said, they will still need to be contactable.

This is not the same as a holiday. If somebody at your company has a question for the staff member on gardening leave or requires something from that person, they will need to help as they are still an employee of the company.

If your staff member is required to complete any tasks that may be assigned to them but doesn’t, they may be in breach of their contract. This can result in their losing all of the pay and benefits that they would have received for their notice period.

When is gardening leave used?

Gardening leave is normally used as a way to stop a staff member from having access to confidential information before they move to another job. Gardening leave is well-used in both the finance and hi-tech sectors. If a staff member has built up a significant client base during their time at your company, you may want to put them on gardening leave.

Gardening leave is commonly used if your staff members has accepted a job offer from one of your company’s competitors. To protect your company’s interests and to ensure a smooth transition for everybody, you shall allocate the staff member’s clients and duties to another team member.

Can your staff member apply for jobs while on gardening leave?

Even with more free time on their hands, your staff member is still on your books as an employee with a binding contract. They should not start working somewhere else whilst they are still on gardening leave as this will probably be a breach of their employment contract. This would result in your staff member losing the benefits and pay due from you.

Your staff member is still allowed to look for another job whilst they are on gardening leave – they just can’t start working there until their notice period with you ends.

Is gardening leave a good thing?

It is common for people to think that gardening leave is the result of being dismissed and turned away from the office. This isn’t the case.

Gardening leave is almost always used by employers who decide that it is in your company’s best interest that a departing staff member is not allowed access to your confidential information anymore.

We can help

Call our expert team today on 01606 333 900 or email us at hello@burtonbeavan.co.uk.