What are my rights on garden leave?

What are my rights on garden leave?

The employee has a right to work. In the absence of the garden leave clause, an employer cannot place an employee on garden leave as a way of termination of employment. Isolating an employee or failing to provide them with work, without the express power, may be regarded as a breach of contract.

Can you force someone to take garden leave?

Unless your contract of employment includes a gardening leave clause, your employer will not normally be able to enforce gardening leave – without potentially putting themselves in breach of contract, which could mean, in effect, that you have been dismissed immediately and can start your new job straight away.

Do employers have to pay garden leave?

Cons of gardening leave Gardening leave is essentially the same as suspending an employee on full pay. The continuation of the contract for the period of gardening leave means the employee will not only be entitled to full pay, but all other contractual benefits.

What can I do on garden leave?

In the episode, the usage of ‘garden leave’ refers to a period of paid suspension in which Humphrey is allowed to do nothing else – except perhaps a spot of gardening. So, if you find yourself instructed not to come into the office or talk to your co-workers and friends, you’re probably on gardening leave.

Is garden leave a legal term?

A period of time defined by contract when an employee generally does not work (or performs only limited duties) but remains employed and continues to receive normal salary payments or other benefits.

Are you still employed during garden leave?

During gardening leave an employee is still under contract and therefore bound by all contractual clauses including a duty of confidentiality.

Can you get a job on garden leave?

You may not start a new job while on ‘gardening leave’ because you’re serving your notice period, as set out under your contract with your current employer. You’ll be in breach of your contract if you work for another employer during gardening leave, and you could be legally liable.

Can I be put on garden leave if it is not in my contract?

Placing an employee on gardening leave without an express contractual basis to do so is a risk because it may entitle the employee to accept a repudiation. Once the employee’s acceptance of the repudiation is communicated to the employer, the contract is at an end.

Why are employees put on garden leave?

Typically, employers use gardening leave for strategic reasons. Placing an executive on garden leave protects the employer’s business by enabling the employer to exclude the employee from its business for the notice period – thereby keeping the individual away from clients, colleagues and confidential information.

Can I start another job while on garden leave?

If you get garden leave Your job won’t end until the end of your notice period, even though you don’t have to come to work. This means you shouldn’t start another job in your notice period unless your existing employer agrees.

Why would a company put you on garden leave?

How do I put an employee on garden leave in Hong Kong?

There are two ways to put an employee on garden leave in Hong Kong. Put a clause in the employment contract. This is the most straightforward and fuss-free way to do it. Exercise of the clause after the employee has given their notice or rightly terminated is at the employer’s discretion.

Is a garden leave provision enforceable?

Whether a garden leave provision is enforceable will depend on whether it is reasonable. It also should not be longer than the notice period. During your garden leave period, you are still entitled to be paid your full salary, as well as have the benefit of all your employment entitlements (including bonuses ).

What is garden leave and how does it work?

Garden leave provisions are rather common in certain front end roles, particularly in the finance and banking industries. Essentially the purposes of a garden leave provision is to keep an employee out of the market to secure certain customer/supplier connections for the duration of the notice period .

When to exercise the garden leave clause in an employment contract?

Exercise of the clause after the employee has given their notice or rightly terminated is at the employer’s discretion. Alternatively, if a garden leave clause isn’t included in the employment contract, the employer may only initiate garden leave with the employee’s consent.