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Notice and Garden Leave

Employment Law - Garden leave and Notice Periods

Garden leave occurs when an employer gives an employee notice, or an employee resigns but the employee is then sent home or told to stay away from the business for the duration of their notice period, on full, normal pay.

An employer will use garden leave to prevent an employee whose employment is due to terminate from being privy to sensitive information, having access to clients and/or customers, and encouraging other employees to also leave during their notice period.

If an employee has a new job with a competitor, then garden leave can be used by the original employer to ensure that sensitive information is not gained or passed on to the competitor.

Typically, during the garden leave, an employee’s access to certain information is restricted and/or denied. However, the employee is still governed by the Contract of Employment for the length of the notice period and can be asked to return to work at any time.

Often, the new employer will want the employee to start work immediately, notwithstanding the employees notice period or, the fact that they have been placed on gardening leave.

Wildings Employment Law solicitors have considerable experience in advising and negotiating on employment law relating to garden leave matters. We can advise you on the likely consequences of your breaching a notice period and resigning with immediate effect. We can also negotiate with your employer on a suitable exit strategy.

Next Steps

If you would like a no obligation, fixed fee initial consultation either in person or over the telephone to discuss notice and/or gardening leave, then please call us on 0330 333 8797 or email us at

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