Employer imposing garden leave

Hello there! I am Gemma, and I would be happy to explain how garden leave works.

To answer your question simply, whether your employer can put you on garden leave against your wishes almost entirely depends on what is written in your employment contract.

The legal position:

Garden leave is when you have handed in your notice, or your employer has given you notice, and they ask you to serve your notice period away from the workplace. You do not do any work, but you remain an employee.

If your employment contract has a clear garden leave clause, your employer generally has the legal right to place you on garden leave, even if you would prefer to keep working. By signing the contract, you agreed to this possibility.

If your employment contract does not have a garden leave clause, your employer usually cannot force you to go on garden leave without your agreement. In employment law, there is often an implied right to work. This means your employer has a duty to actually provide you with work to do. This right is especially strong if being away from work would cost you money, for example lost commission or bonuses, or if you need to work to maintain a special skill. If they force you onto garden leave without a contractual right, it could be a breach of your contract.

What happens during garden leave:

Even if you are on garden leave, you are still officially employed. This means you are entitled to your normal salary, and all your usual contractual benefits like pension contributions, health cover, and company vehicle usage must continue.

Your holiday entitlement will also continue to build up. Your employer might ask you to take your remaining holiday during your garden leave period, provided they give you the correct notice to do so.

Because you are still employed, you cannot start a new job until your notice period ends, and you must remain loyal to your current employer. They can also call you back into the workplace to perform your duties if they need to.

Practical next steps:

1. Read your contract. Your very first step is to dig out your employment contract and look for a specific section mentioning garden leave. If it is there, they can usually enforce it.

2. Have an informal chat. If you do not want to be on garden leave, it is worth having an open conversation with your manager or HR team. Ask them why they have made this decision. Sometimes, an employer might be willing to shorten your notice period so you can leave early and start your next adventure sooner, although they do not have to agree to this.

3. Look at your pay structure. If your employer does not have a garden leave clause but insists on sending you home, check if this will cause you financial loss. If you rely heavily on commission, shift allowances, or performance bonuses, you might have a strong argument that preventing you from working is unfair and a breach of contract.

4. Raise the issue formally. If your contract has no garden leave clause, you are losing out financially by not working, and informal chats get you nowhere, you could raise a formal grievance with your employer in writing explaining your position.

Important things to consider:

To give you a completely precise answer, it would be necessary to know exactly what is written in your contract, how long your notice period is, and whether your pay includes variable elements like commission.

I hope this helps make your situation a bit clearer! Please let me know if you would like me to explain any of these steps in more detail.