What is garden leave?

Question

Accepted Answer

‘Garden leave’ is not mentioned in employment law but is sometimes used to describe a period when you retain your employment, receives full pay but don't go to work. It can be useful when both you and your employer agree to it in a particular situation.
You're normally entitled and obliged to attend work. Your employer can’t make you go on garden leave unless you both agree (the agreement includes having a garden leave provision in the employment agreement, entered into in good faith). If your employment agreement doesn’t mention garden leave, your employer shouldn’t put you on it without your agreement. It shouldn’t be used to get around the requirements for suspension (i.e. the requirements of appropriate grounds for suspension and following the right process).
You must continue to follow all your employment terms and conditions while you're on garden leave.

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