How to manage garden leave
Author: Darren Newman
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- When an employee gives or is given notice, consider whether or not it is necessary and appropriate to place them on garden leave.
- In considering garden leave, look at the potential costs of the measure, weighed against the risk to the business presented by the employee.
- Ensure that all dealings with the employee are kept professional and courteous.
- Consider including a garden leave clause in contracts of employment.
- Ensure that the use of garden leave is proportionate to the business interest that it is intended to protect.
- If garden leave is appropriate, do not delay in imposing it when the employee resigns.
- Take immediate steps to protect confidential information.
- Make sure that the employee understands their obligations during the notice period.
- Make arrangements for a handover of the employee's work as soon as possible.
- Take care when forwarding the employee's personal effects.
- Ensure that the employee is paid in full during garden leave, and enjoys all appropriate contractual benefits.
- Apply normal arrangements for the taking of annual leave during a notice period.
- Take only proportionate and reasonable steps in seeking to ensure that the employee behaves appropriately during garden leave.
- Consider writing to the employee's new employer reminding it of the employee's contractual obligations.
- Consider taking legal action if there is evidence that the employee intends to breach the terms of their garden leave.