Garden Leave Clauses in Contracts of Employment - A Thorny Subject?

Posted in : Essential Guide to Employment Contracts on 14 November 2017
Kiera Lee
Mills Selig
Issues covered:

What are garden leave clauses?

‘Garden leave’ is where an employer requires the employee to stay at home on full pay during their notice period. Except in limited circumstances the right to put an employee on garden leave must be effected by way of an express clause. Placing the employee on garden leave means that the employee remains employed and subject to their terms and conditions, and so it is a useful tool where the employee is going to work for a competitor or there is a risk they may damage the employer’s business in some way.

Are garden leave clauses enforceable?

Having an express garden leave clause is a good place to start but it will have to be reasonable to be enforceable, in

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This article is correct at 14/11/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kiera Lee
Mills Selig

The main content of this article was provided by Kiera Lee. Contact telephone number is 028 9024 3878 or email

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