Garden leave means the employer pays your salary but requires you to stay away from work during your notice period (often weeks or months). You cannot work for competitors or access company information during this time. This protects the employer's secrets and prevents you from immediately joining a rival firm with inside knowledge. The legal principle is that garden leave is enforceable in the UK and US if it's reasonable in length and the pay continues—courts see it as a fair way to protect business interests without completely banning you from future work. However, if the garden leave period is too long (e.g., 12 months), a court may refuse to enforce it.
Resist garden leave clauses longer than 3 months—they're excessive and courts often strike them down anyway. If garden leave is unavoidable, ensure your full salary continues and clarify what "away from work" means (can you do personal projects?). Negotiate a cap on the length and try to add a clause letting you leave early if the employer doesn't provide work or communication. ---
Frequently Asked Questions
What does this clause mean in simple terms?
Garden leave means the employer pays your salary but requires you to stay away from work during your notice period (often weeks or months).
Why should I care about this clause?
You cannot work for competitors or access company information during this time.
What are my options?
This protects the employer's secrets and prevents you from immediately joining a rival firm with inside knowledge.
How does this affect small businesses?
The legal principle is that garden leave is enforceable in the UK and US if it's reasonable in length and the pay continues—courts see it as a fair way to protect business interests without completely banning you from future work.