Helen has over 42 years of experience, including 35 in HR consultancy and 7 as an HR manager at a national company. She specializes in all aspects of HR, from employment documentation and advice to training, consultancy, and representation at Industrial and Fair Employment Tribunals. Helen’s wealth of experience makes her a trusted and valuable expert in the field of HR.
Suspending an employee on full pay, otherwise known as garden leave is a frequently used strategy by employers for those leaving an organisation to go to a competitor.
An employer should only place an employee on garden leave if there is a contractual right to do so — a specific and enforceable clause in the contract of employment. In the leading case of William Hill Organisation Ltd v Tucker [1998] IRLR 31, the Court of Appeal said that:
“In practice, an employer will need to stipulate for an express power to send his [her] employee home on full pay (ie on garden leave), in all cases which the contract of employment imposes on the employer an obligation to permit the
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial