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What is garden leave?
Written by Hannah Kennedy (Updated 6th October 2025)
Garden leave in the UK is one of the legal tools you, the employer, have available to help protect your business interests. This expert guide explores essential company policies and UK legal compliance, plus you can contact us for specialist Employment Law and HR support at any time. We offer a no obligation opening consultation.
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What is garden leave in employment law?
The term describes a situation where an employee, who has resigned or been given notice of termination, is instructed to stay away from the workplace during their notice period.
Often known as “gardening leave”, as the employer you’re under no obligation to provide work or assign any duties to the employee for the whole, or part, of the employee’s notice period.
Placing an employee on garden leave in the UK often involves asking them:
- Not to perform any service for the company
- Not to attend the premises
- Not to use company equipment
- Refrain from business contact with customers, suppliers and other employees
Despite this, they still remain an employee. This means they must continue to receive salary and contractual benefits in the usual way. They’ll also be bound by the express and implied terms of their Contract of Employment.
For an employee on garden leave, this typically means they won’t be allowed to:
- Work for another employer
- Act in a self-employed capacity
- Do anything that is contrary to the your business interests.
They must also be available for the your business if, for example, a manager has queries or needs help with the handover.
Why do employers use garden leave?
Typically, you’ll find a garden leave clause in the contracts of senior employees. This is to stop an employee working for a competitor until their notice period has come to a close. Even though they won’t be at work, you retain control over them. It allows you to:
- Keep them away from confidential or sensitive company data and prevent them from misusing this data
- Stop the employee from poaching customers or colleagues
- Prevent a disgruntled employee from potentially sabotaging your business
From your perspective, it can also enable the successor to the role to focus on their job. All without worrying the other employee may get in the way. They may also be used if you’re concerned the post-termination restrictive clauses applicable to the employee are not enforceable.
When can you put an employee on garden leave?
It can be applied when someone resigns from their post or is dismissed with notice.
Hidden legal traps of garden leave for companies
If you don’t have a clear and well-drafted garden leave clause in the employee’s Contract of Employment and you decide to place them on garden leave (and it hasn’t been agreed to by the employee in writing), you expose yourself to the risk of claims of breach of contract.
This may entitle the employee to argue it’s a breach of contract. They may be able to resign and claim constructive dismissal.
It could also mean you lose your rights to enforce post-termination restrictive covenants. If the employee has a notice period that exceeds six months, you may not be permitted to enforce garden leave for the full period. This is because it’s likely a court would determine this is longer than necessary to protect your business interests.
This is a complex legal topic under UK employment laws and it’s vital your business remains compliant. To explore garden leave or post-termination restrictive covenants further, seek legal advice at the earliest opportunity. We can help you draft your employment contracts to protect your business interests.