Garden Leave Contract Meaning
This contrasts with restrictive covenants.
Garden leave contract meaning. Further, the employer’s contractual obligations no longer apply. With garden leave, even if you don’t have the right set out in the contract of employment, it is highly unlikely your employee will suffer any financial loss by being placed on garden leave, meaning the risk of the decision being challenged is small. However, employers are only obliged to provide work if it is set out in the employment contract.
The meaning of garden leave (often known as ‘gardening leave’), is that you require the employee to be away from the workplace during their notice period. In the majority of occasions, employers should include a suitable provision in your contract of employment to allow you to be read more You must make sure either that the employee’s contract of employment gives you a specific and enforceable right to use garden leave or the employee agrees in advance, preferably in writing.
The right to place an employee on garden leave is a contractual one, meaning you should include a garden leave clause when drafting an employee contract. Human resources issues regarding garden leave If your contract of employment contains a clause allowing garden leave, it will be lawful for your employer to direct you to go on garden leave.
Moreover, during garden leave, the employer is under no obligation to provide work or assign any duties to the employee for the whole or part of the employee’s notice period. As an employer, a gardening leave clause can protect your business’ interests. Garden leave is a notice period where employees are restricted from working but they still get a normal rate of pay.
During gardening leave an employee is still under contract and therefore bound by all contractual clauses including a duty of confidentiality. Garden leave can also be instigated at the employee's request (if it suits you too) or as part of negotiated terms over departure. There may be further restrictions, and these are included as part of a garden leave contract.
This is used when an employee position is no longer needed during the notice period. It is also associated with the idea that an employee being forced to stay at home might as well do the gardening! There is a slightly different situation where the employer terminates an employment contract without notice and tenders in lieu a.
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