This clause requires an employee to stay away from work during their notice period (usually paid), rather than working out their notice normally. The employer pays you but you can't come to the office or do the job—you're essentially on paid leave. The purpose is to stop you from poaching clients, stealing secrets, or sabotaging the business during your final weeks. This is common in the UK and increasingly used in the US, especially for senior or client-facing roles.
Garden leave is actually fairly employee-friendly since you're paid to do nothing, so it's not a major red flag. However, negotiate the length—more than 3 months is excessive for most roles. Also clarify what "garden leave" means: can you work for a competitor during this time? Can you do freelance work? Get these details in writing to avoid disputes, and make sure your salary and benefits continue unchanged during the period.
Frequently Asked Questions
What does this clause mean in simple terms?
This clause requires an employee to stay away from work during their notice period (usually paid), rather than working out their notice normally.
Why should I care about this clause?
The employer pays you but you can't come to the office or do the job—you're essentially on paid leave.
What are my options?
The purpose is to stop you from poaching clients, stealing secrets, or sabotaging the business during your final weeks.
How does this affect small businesses?
This is common in the UK and increasingly used in the US, especially for senior or client-facing roles.