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Last revision: 27/01/2024
Available formats: Word and PDF
Size: 4 to 5 pages
Option: Help from a lawyer
Fill out the templateThis document can be used by an employer in Great Britain, to notify an employee that they are going to be placed on garden leave.
Garden leave refers to the situation where an employer sends an employee home on full pay during their notice period*.
An employee's notice period is the amount of time an employee has to work for their employer after they resign or after the employer terminates the contract of employment (e.g. by reason of redundancy).
An employer will commonly place an employee on garden leave in order to protect the employer's confidential information and/or to prevent the employee from poaching clients, customers or suppliers of the employer. Typically, there will be two ways in which an employee may be placed on garden leave:
This letter may be used in either of the above situations. In the case of the second option, specific terms and conditions will be included as part of the notice in the form of a deed of agreement.
Generally speaking, in the absence of an express garden leave clause or an agreement with the employee, it would be difficult for the employer to insist that the employee must be placed on garden leave.
How to use this document
This document should be completed with the relevant information about the garden leave proposals.
If the employee's contract of employment contains the relevant authority to place the employee on garden leave, the letter can simply be signed and sent to the employee. Usually, this type of letter will be handed to the employee in person.
If the employee's contract of employment does not contain the relevant authority to place the employee on garden leave, then a deed of agreement will be attached to the letter. The deed of agreement will contain the relevant proposed terms and conditions of the employee's garden leave. The letter and deed should be signed by the employer before it is handed to the employee for their signature. A deed must be executed in a particular way by both parties. The employer will need to ensure the employee is given sufficient opportunity to read, consider and agree to the terms before the period of garden leave may commence.
Relevant law
The terms and conditions of garden leave will be governed by a contractual agreement. Therefore, the general laws of contract will apply.
The Employment Rights Act 1996 is one of the key legal provisions which governs the rights of employees. These provisions should be observed and considered by the employer.
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Other names for the document:
Garden leave notice- employee, Gardening leave notice- employee, Notice to place employee on garden leave England and Wales, Notice to place an employee on garden leave, Notice to place an employee on gardening leave
Country: United Kingdom