When you hear the term gardening leave, it might sound like time off to do some planting, but in UK employment law, it means something quite different. Gardening leave is a common practice used by employers when an employee leaves a company, especially in senior or sensitive roles.
We’ll clearly explain what is gardening leave UK, how it works in 2025, what your rights are, and what both employees and employers need to know.
What Is Gardening Leave UK?
Gardening leave UK refers to a period when an employee who is leaving a job is told to stay away from work during their notice period, but they still remain on the company’s payroll.
The idea is simple: the employee doesn’t attend the office or perform their usual duties but continues to receive full pay and benefits. During this time, they are not allowed to start a new job, share confidential information, or contact clients.
Employers often use gardening leave UK to protect their business interests when someone resigns or is being dismissed. It helps keep sensitive information secure and prevents employees from moving immediately to a competitor.
Why Employers Use Gardening Leave UK
Companies use gardening leave UK for a few key reasons:
- Protect confidential information: Employees in high positions may have access to sensitive data. Gardening leave helps prevent leaks.
- Avoid disruption: It gives the company time to manage the transition smoothly without interference.
- Protect client relationships: Employees can’t contact clients or persuade them to follow them to another company.
- Ensure fair competition: It allows time before an employee joins a rival business.
In short, gardening leave UK is a safety measure that benefits both sides, giving employers protection and employees paid time to prepare for their next step.
Legal Rights During Gardening Leave UK
When you’re on gardening leave UK, you’re still legally employed. That means your rights remain active throughout your notice period.
Pay and Benefits
You continue to receive your full salary as stated in your contract. Any benefits, such as a company car, pension contributions, or private healthcare, should also continue unless otherwise stated.
Holiday Entitlement
Your holiday days still accrue while you are on gardening leave UK. Some employers may ask you to take any remaining leave during this period.
Restrictions and Conditions
You must still follow company rules. You cannot start working elsewhere, contact clients, or use company information during the gardening leave UK. Doing so could be considered a breach of contract.
How Gardening Leave UK Works in 2025
To put someone on gardening leave UK, the employer must have a specific gardening leave clause in the employee’s contract. Without it, enforcing gardening leave could be legally risky.
1. Contract Clause
The contract should clearly state that the company has the right to place an employee on gardening leave. This clause outlines:
- Length of the notice period
- Pay and benefits during leave
- Any restrictions or expectations
2. Notice Period
Most gardening leave UK lasts between one to three months, depending on the role. Senior executives might have longer periods, sometimes up to six months.
3. Communication
When an employee resigns or is dismissed, the employer will confirm gardening leave UK in writing, stating that the employee should not attend work but will remain on full pay.
What You Can and Cannot Do During Gardening Leave UK
During gardening leave UK, you remain bound by your contract terms. Here’s what’s allowed and not allowed:
✅ You can:
- Stay at home or use the time for personal development.
- Attend professional training (if approved).
- Use the time to plan your next career step, but do not start a competing job.
🚫 You cannot:
- Work for a new employer.
- Contact your company’s clients or colleagues.
- Share confidential company information.
- Take or use company property (unless permitted).
Breaking these rules during gardening leave UK can lead to legal action or loss of pay.
Duration of Gardening Leave UK
The length of gardening leave UK varies by role and company policy.
- Standard employees: Usually 1–3 months
- Senior managers and directors: Often 3–6 months
- Highly sensitive roles: In some cases, up to 12 months
During this time, you remain under contract, but you cannot begin new employment until the gardening leave UK period ends.
Pros and Cons of Gardening Leave UK
Advantages for Employees
- Receive full pay without working.
- Time to rest, upskill, or plan next steps.
- Protects reputation by leaving professionally.
Advantages for Employers
- Protects business information and client relationships.
- Prevents unfair competition.
- Ensures smooth handover of work.
Disadvantages
- An employee may feel restricted.
- Employer continues paying the salary without productivity.
- Can delay starting a new job opportunity.
Still, gardening leave UK is often viewed positively because it gives both sides breathing space during a transition.
Gardening Leave Clause: Why It Matters
Having a clear gardening leave clause in your employment contract is essential. Without it, forcing someone to stay home while still under contract can lead to legal disputes.
If there is no clause, the employee may have grounds to claim breach of contract. Employers should ensure that contracts clearly explain:
- When gardening leave may apply
- Duration and rights
- Any restrictions after employment ends
Examples of Gardening Leave UK in Real Life
- A senior manager leaving a finance firm might be placed on three months’ gardening leave to prevent client contact.
- A marketing executive with access to key data may be kept on one month’s gardening leave to protect client information.
- A director joining a competitor may have six months’ gardening leave as part of their exit terms.
Each case depends on the job level, access to information, and contract details.
How to Protect Yourself During Gardening Leave UK
If you are placed on gardening leave UK, make sure to:
- Check your contract for the exact terms.
- Confirm your pay and benefits will continue.
- Avoid any work or communication that could breach your contract.
- Seek advice from ACAS or an employment lawyer if unsure about your rights.
Final Thoughts
Gardening leave UK is designed to protect both employees and employers during a notice period. It allows time for a smooth handover, keeps sensitive information secure, and provides employees with a paid break before starting their next job. In 2025, as workplace flexibility continues to grow, gardening leave UK remains a fair and practical solution for professional transitions.
