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...

Garden leave and the right to work: enforcement, pay and holiday, injunction criteria, post-termination restraints, and drafting clauses

Published by a LexisNexis Employment expert

Practice notes

Practice Note

This Practice Note sets out the reasons behind Garden leave and when an employer might choose to deploy it in practice. It explores whether, in the absence of an express term in the contract of employment, an employer can impose ‘enforced’ garden leave, and identifies the circumstances in which an express garden leave clause may properly be enforced or relied upon. It examines how garden leave interfaces with an employee’s right to work and with the employment contract itself, including the impact on particular terms and conditions of employment such as holiday entitlement, directorships and other offices, and on ongoing contractual obligations and duties. It also addresses whether an employee is entitled to be paid during garden leave, together with its knock-on effect on any post-termination restrictions. It covers enforcement concerns and the criteria a court will weigh when deciding whether to grant an injunction in such cases. It sets out key points to bear in mind when drafting a garden leave clause. Broadly, placing someone on ‘garden leave’ involves the employer requiring them to remain at home on full salary, typically throughout the Notice period after Resignation or dismissal with notice...

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Web page updated on 21/05/2026

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