Garden leave is a period when you remain employed and are usually paid, but your employer tells you not to work.
How does garden leave work?
While you are on garden leave, you remain employed by your employer, so you generally continue to receive your pay and contractual benefits and remain bound by the terms of your employment contract, such as confidentiality and any restrictions on working for someone else. You will usually not be required to attend work or carry out your normal duties, although your employer may in some circumstances require you to remain available or carry out limited duties. Whether your employer can require you to take garden leave usually depends on what your employment contract says.
Worth checking
If garden leave is included in your agreement, check how long it lasts, what happens to your pay and benefits during it, and how it fits with your notice period and termination date. Our glossary of settlement agreement terms explains these in plain English.
Can garden leave be included in a settlement agreement?
Yes, a settlement agreement may confirm that you will be on garden leave until your employment ends, or that garden leave comes to an end earlier on a particular date, perhaps with a payment in place of the rest of your notice period. It may also affect other terms, such as when any restrictive covenants begin or how long they last.
Because garden leave can affect your pay, your ability to work and when your employment ends, it's worth checking exactly how it is addressed before you sign.
Ready to get started?
Get clear, expert advice within 24 hours
Contact us today to get advice on your settlement agreement. The service is fully remote, available anywhere in England and Wales, and free to employees (your employer covers our fees).
Get in touch →This article provides a high-level overview for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for specific legal advice tailored to your individual circumstances.
Should you choose to formally instruct us, legal services will be provided by Nexa Law Limited. Employment Settlement Solicitor is a trading name of RJB Legal Services Ltd, a limited company registered in England and Wales with number 17353836. RJB Legal Services Ltd does not provide legal advice. RJB Legal Services is a consultant practice of Nexa Law Limited, a limited company registered in England and Wales with number 10209198, which is authorised and regulated by the Solicitors Regulation Authority under SRA number 633024.