How to manage garden leave

Author: Darren Newman

Summary

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• When an employee gives or is given notice, consider whether or not it is necessary and appropriate to place them on garden leave.
• In considering garden leave, look at the potential costs of the measure, weighed against the risk to the business presented by the employee.
• Ensure that all dealings with the employee are kept professional and courteous.
• Consider including a garden leave clause in contracts of employment.
• Ensure that the use of garden leave is proportionate to the business interest that it is intended to protect.
• If garden leave is appropriate, do not delay in imposing it when the employee resigns.
• Take immediate steps to protect confidential information.
• Make sure that the employee understands their obligations during the notice period.
• Make arrangements for a handover of the employee's work as soon as possible.
• Take care when forwarding the employee's personal effects.
• Ensure that the employee is paid in full during garden leave, and enjoys all appropriate contractual benefits.
• Apply normal arrangements for the taking of annual leave during a notice period.
• Take only proportionate and reasonable steps in seeking to ensure that the employee behaves appropriately during garden leave.
• Consider writing to the employee's new employer reminding it of the employee's contractual obligations.
• Consider taking legal action if there is evidence that the employee intends to breach the terms of their garden leave.