Imagine being paid to stay at home and tend to your gardening while still technically being employed. Sounds like a dream, right? Well often that’s not always the case as it may be that you are working your notice period after being dismissed or made redundant. Welcome to the world of gardening leave in England and Wales. In this blog, we’ll explore what gardening leave is, its purpose and what you can or can’t do while you are under the constraints of this unique employment arrangement.
What is Gardening Leave?
Gardening leave, also known as garden leave, is a term used to describe a situation where an employee is asked to stay away from work during their notice period. Instead of working, they are typically required to remain at home or away from the workplace, hence the term “gardening leave.” This arrangement allows employers to protect their interests and prevent employees from accessing sensitive information or clients during their notice period.
What Can You Do on Gardening Leave?
While on gardening leave, you may be wondering what you can do with all that free time. Here are a few things you can consider:
- Enjoy the Garden!:
Embrace the literal meaning of gardening leave and spend some quality time tending to your plants, flowers, or vegetables. It’s the perfect opportunity to unleash your inner green thumb and create a beautiful oasis in your home.
- Pursue Personal Interests:
Use this time to explore hobbies, learn new skills, or indulge in activities you’ve always wanted to try. Whether it’s painting, writing, cooking or learning to play an instrument, gardening leave offers a chance to focus on personal growth and self-improvement.
- Reflect and Plan:
Perhaps the most important task to undertake whilst on gardening leave is to take advantage of the break to reflect on your career goals, assess your strengths and weaknesses, and plan your next move. Use this time to update your CV, research potential job opportunities or even consider a career change.
What Can’t You Do on Gardening Leave?
While gardening leave may seem like a vacation, there are usually certain restrictions and obligations to keep in mind:
- Working for Competitors:
Generally, employees on gardening leave are prohibited from working for a competitor (or indeed working for any other employer competitor or not) or engaging in any activity that could harm their current employer’s interests
- Contacting Clients or Colleagues:
It’s important to respect the terms of your gardening leave and avoid contacting clients, colleagues or suppliers associated with your previous employer. This helps maintain confidentiality and prevents potential conflicts of interest.
- Breaching Confidentiality:
Gardening leave does not absolve you of your duty to maintain confidentiality. You must continue to protect any confidential information or trade secrets you were privy to during your employment.
Gardening leave offers a unique opportunity to take a break from the daily grind while still being employed. It allows you to focus on personal pursuits, reflect on your career, and plan for the future. However, it’s essential to adhere to the restrictions and obligations that come with gardening leave, such as refraining from working for competitors or breaching confidentiality. So, embrace the green pastures of gardening leave, tend to your personal growth, and make the most of this temporary respite before embarking on your next professional adventure.
If you are uncertain of your obligations whilst on gardening leave, have been unfairly made redundant or feel that you have been treated wrongly when being dismissed then why not get in touch with our team of expert employment lawyers on 020 7537 7000 or email peter@london-law.co.uk and see what we can do for you?
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 22nd February 2024 and is correct at the time of publication. With decades of experience in almost all areas of law, Peter is happy to assist with any legal issue that you have. His profile on the independent Review Solicitor website can be found Here