Gardening (sometimes known as garden) leave is a tool that employers can utilise to manage the departure of an employee. In this blog, we will explore the decision-making process behind putting an employee on gardening leave from an employer’s perspective. Join us as we delve into the factors, considerations and rationale that come into play when making this important decision.
- Protecting Business Interests:
The primary objective of putting an employee on gardening leave is to protect the employer’s business interests. This may include safeguarding confidential information, trade secrets, client relationships or preventing the employee from joining a competitor and potentially harming the company. By placing the employee on gardening leave, employers can mitigate these risks and maintain control over sensitive aspects of their business.
- Contractual Provisions:
Employment contracts often include gardening leave clauses that outline the circumstances under which an employer can enforce this measure. Employers must review the terms of the employment contract to determine if gardening leave is a viable option. If the contract permits it, employers can exercise their right to put an employee on gardening leave to ensure compliance with contractual obligations.
- Notice Period:
During an employee’s notice period, employers may decide to put them on gardening leave to avoid potential disruptions or conflicts in the workplace. This can be particularly relevant if the employee is leaving to join a competitor or if their continued presence could negatively impact team dynamics or client relationships. By placing the employee on gardening leave, employers can maintain a smooth transition and minimise any potential adverse effects.
- Risk of Breach:
If an employer suspects that an employee may breach their duties or obligations during their notice period, gardening leave can be an effective measure to mitigate this risk. This could include concerns about the employee sharing confidential information, soliciting clients or colleagues or engaging in activities that could harm the employer’s business. By placing the employee on gardening leave, employers can minimise the potential for such breaches and protect their interests.
- Individual Circumstances:
Employers must consider the specific circumstances surrounding the employee’s departure. Factors such as the employee’s role, access to sensitive information, client relationships and the potential impact on the business will influence the decision to put them on gardening leave. Employers should assess the potential risks and benefits on a case-by-case basis to determine the most appropriate course of action.
The decision to put an employee on gardening leave is driven by the need to protect business interests, comply with contractual provisions, manage notice periods effectively, mitigate the risk of breaches and consider individual circumstances. By carefully evaluating these factors, employers can make informed decisions that balance the needs of the business with the rights and obligations of the departing employee. Gardening leave serves as a valuable tool in ensuring a smooth transition and safeguarding the employer’s interests during the employee’s notice period.
If you an employer or business looking for support in this or any other employment related issues then look no further. At Alexander JLO we have a team on expert employment and business lawyers ready to assist you. Why not give us a call on 020 7537 7000 or email peter@london-law.co.uk for a free, no obligation consultation 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