Jurisdiction(s):
United Kingdom

Key definition

Garden leave definition

What does Garden leave mean? In employment law practice, garden leave is the period when an employee, still employed and paid, is instructed not to attend work or to contact clients, customers or colleagues, typically during notice. The term is not defined by statute; it is a contractual and case-law concept used across England & Wales, Scotland, Northern Ireland and Ireland, with broadly consistent effect. It is ordinarily enforceable only where the employment contract contains an express garden leave clause permitting exclusion from duties, client contact and access to systems. Without such wording, excluding an employee from work may breach contract where a right...

Case digest on enforceability of post-termination restraints: garden leave, non-compete, non-solicitation, non-dealing, confidentiality, springboard relief and team moves

Published by a LexisNexis Employment expert

Practice notes

This Practice Note distils key rulings on the enforceability of post-termination restraints (restrictive covenants) in employment contracts, and compiles case examples practitioners may find helpful as illustrations of the courts’ approach. For a Practice Note summarising central decisions on restraint of trade provisions in corporate and commercial agreements, see Practice Note: Decisions on restrictive covenants in commercial contracts.

garden leave provisions

Employers must adduce sufficient evidence when seeking to show a legitimate business objective (ICAP v Berry).
Role: CEO.
ICAP v Berry [2017] EWHC 1321 (QB).
See also News Analysis: Garden leave and TUPE (ICAP Management Services v Berry).
Terms of restriction: 12-month notice period with garden leave.
Validity: Valid.
Notable points:
- Protecting confidential information held by the employee was a legitimate business aim.
- The employee had freely agreed to the contractual garden leave provision.
- The employee was unlikely to be out of pocket or to experience a reduction or stagnation of skills during the period.
- The balance of convenience favoured the employer.
- No obligation for an employee to be paid during the period covered by an injunction unless not doing so would cause financial...

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Web page updated on 21/05/2026

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