Garden leave

The term may be defined as meaning that the employer does not want or require the employee to work during the period of notice.

This is a term which sometimes arises in the context of employment.

 

The term may be defined as meaning that the employer does not want or require the employee to work during the period of notice of employment. The employee in question is said to be on garden leave meaning that he or she is not at work but at home. Such clauses must be set out and contained in the contract of employment. It is not uncommon for such a clause to be extended so as to forbid an employee from working for a competitor during a period of notice.

 

Not only must 'garden leave' clauses be contained in the contract of employment but they must be justified bearing in mind such factors as the length of notice, the employees access to confidential information, the potential for contact with customers etc. 'garden leave' clauses are enforceable at the discretion of the court.

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