If you’ve ever watched a British workplace drama—or endured one in real life (as I have!)—you’ve probably heard the phrase garden leave tossed around with the same casualness as “tea break”.
It sounds idyllic, doesn’t it? You picture someone pruning roses, deadheading dahlias, perhaps sipping Pimm’s while the sun sets on their career.
But behind the quaint label lies a very practical piece of employment law—one that’s often misunderstood, sometimes misused, and occasionally wrapped in enough HR drama to warrant its own Netflix special.
What Is Garden Leave, Really?
At its core, garden leave is when an employee who’s leaving a company—whether through resignation or dismissal—is told:
“Stay home, keep getting paid, but don’t come back to the office.”
You’re still on the payroll, still bound by your contract, but you’re not actively working.
Employers typically use it to:
- Protect sensitive information – e.g., stop someone heading to a competitor from downloading the client database first.
- Provide a cooling-off period – preventing emotional resignations from turning into office soap operas.
- Minimise risk – because a soon-to-depart employee with full access to systems can sometimes be… unpredictable.
The key point: you’re on the books, you’re being paid, but you’re not supposed to be doing the work.
Where Things Go Wrong: The Common Misuses
For something that sounds so straightforward, garden leave is often misapplied—or deliberately blurred. Let’s break down the biggest problems:
- Garden Leave vs. Redundancy: Different Planets
Redundancy is about the job role disappearing, not the person. If your position genuinely no longer exists, the company can either:
- Pay you in lieu of notice (PILON), or
- Let you work your notice if there’s work left to do.
Putting someone on garden leave after making them redundant is often pointless—unless there’s a clear business reason, like restricting access to sensitive information. Otherwise, it can look suspiciously like the company’s trying to have its cake (no job for you) and eat it too (keep you under contract to finish tasks).
The key point: If you’ve been made redundant, you should not be “on leave” while also being asked to keep doing work. That’s misuse, plain and simple.
- Garden Leave vs. Payment in Lieu of Notice (PILON): Not the Same
Here’s the clear distinction:
- PILON: You leave immediately and get paid your notice period upfront. No duties, no hanging around.
- Garden Leave: You remain employed during your notice period, can’t start another job yet, but shouldn’t be doing any work.
Some employers blur this line, keeping you on the hook for projects while saying you’re on “garden leave.” This is essentially a workaround to avoid paying PILON while still getting work out of you. Not okay—and potentially a breach of contract.
- The ‘Corporate Time Out’ Myth
Garden leave isn’t meant to be punishment. It’s not a corporate naughty step. It’s there to protect interests, ensure clean transitions, and prevent disputes—not just to freeze someone out because the departure was awkward.
- Contracts Matter: No Clause, No Garden Leave
Here’s a big one: unless it’s clearly written into your employment contract, an employer cannot impose garden leave out of nowhere.
If they try, it could amount to constructive dismissal. Always check your contract before agreeing to anything—and get any arrangements confirmed in writing.
When Garden Leave Actually Works
Used correctly, garden leave can be elegant and drama-free:
- It protects company assets and information.
- It gives the employee breathing space before starting the next role.
- It creates a clear break between old job and new chapter.
But it only works if the employer follows the rules: no muddling it with redundancy, no “one last job” requests, no forgetting contract terms.
Practical Tips for Employees
If you’re ever put on garden leave:
- Check your contract – Make sure the employer actually has the right to enforce it.
- Clarify expectations in writing – Are you truly on leave, or are they planning to sneak in tasks?
- Ask about restrictions – Some contracts prevent you from starting a new job until garden leave ends. Know your timeline.
- Protect your rights – If it feels like they’re using garden leave to dodge redundancy obligations or avoid paying PILON, get legal advice.
- Use the time wisely – While you can’t start a new job, you can prepare: update your CV, network, train, or yes… finally sort out the garden.
Less Roses, More Clarity
Garden leave might sound like a tranquil break, but in reality, it’s a precise legal mechanism. The problems arise when companies:
- Use it reflexively during redundancies,
- Confuse it with PILON, or
- Try to get the best of both worlds—keeping you “on leave” while still expecting work.
So, if you find yourself on garden leave, protect yourself: know your rights, insist on clarity, and don’t let anyone blur the lines for their convenience.
Get in touch at www.gracelegal.net or DM me at @grace.legal2025 or contact me via info@gracelegal.net.