Do I get paid on garden leave?

Yes — you receive your full salary, contractual benefits, pension contributions, and any other entitlements throughout garden leave. You remain an employee in every way except that you don't come into work. Some employers also allow you to keep company equipment (laptop, phone) during garden leave, though others ask for them back immediately. Holiday continues to accrue, and you may be asked to take outstanding holiday during the garden leave period.

Can I start a new job while on garden leave?

No — while on garden leave you remain an employee and are bound by your contract, including exclusivity. You cannot start work for another employer (including the new company you're joining) until your notice period and garden leave end. Starting a new job during garden leave would be a breach of contract. However, you can prepare for your new role (e.g. signing the contract, agreeing a start date) — you just can't actually start working.

Can my employer put me on garden leave without a clause in my contract?

It depends. If your contract has a specific garden leave clause, your employer has a clear right to do so. Without a clause, the position is less certain — by preventing you from working, the employer may be breaching the implied duty to provide work. However, in practice, if they're paying you in full, most employees accept it. Senior employees with access to sensitive information are more likely to be placed on garden leave. If you disagree and there's no contractual clause, seek legal advice.

Garden Leave Explained UK — What It Is, Your Rights & Pay | PocketWise

Q: What is garden leave?

Garden leave is when your employer tells you not to come to work during your notice period but still pays you full salary and benefits. You remain employed and bound by your contract — you just don't attend work or perform your duties. Employers typically use it for employees who are leaving for a competitor or have access to sensitive information. The idea is to keep you away from clients, colleagues, and confidential data during the transition. You're technically free to 'tend your garden' — hence the name.

If your employer asks you to serve your notice period at home on full pay, that’s garden leave. Here’s what you need to know.

What Is Garden Leave?

Feature	Detail
Definition	You’re told not to work during your notice period but remain employed on full pay
Purpose	Protects the employer from you taking clients, data, or knowledge to a competitor
Duration	Usually your contractual notice period (weeks to months)
Pay	Full salary and benefits throughout
Employment status	You remain an employee — bound by your contract
Common for	Senior staff, sales roles, anyone joining a competitor, roles with confidential access

When Employers Use Garden Leave

Situation	Why
You’re leaving for a competitor	Prevents you sharing confidential information or approaching clients
You have access to sensitive data	Trade secrets, pricing, client lists, strategy documents
You’re in a client-facing role	Stops you transferring client relationships before you leave
You’re a senior employee	Knowledge of future plans, restructuring, M&A activity
Redundancy	Sometimes during a notice period when the role no longer exists
Mutual agreement to leave	Part of a negotiated exit

Your Rights During Garden Leave

Right	Detail
Full salary	Paid as normal, including any contractual allowances
Benefits	Pension contributions, private healthcare, company car — continue
Holiday accrual	Holiday continues to accrue (employer may require you to take outstanding leave)
Bonus	If due during garden leave, should be paid unless contract says otherwise
Statutory rights	All employment rights remain (unfair dismissal, discrimination, etc.)
Reference	Your employment continues — future employers can verify you’re still employed

Your Obligations During Garden Leave

Obligation	Detail
Not to work for another employer	You’re still exclusively employed — cannot start a new job
Confidentiality	Must not share confidential information
Not to contact colleagues/clients	If instructed not to (check your contract)
Return company property	May be asked to return laptop, phone, access cards, documents
Available for queries	Your employer may require you to be available to answer questions
Not to delete data	Don’t delete emails, files, or records on company systems
Restrictive covenants still apply	Non-compete, non-solicitation clauses remain in force

What You CAN Do on Garden Leave

Activity	Allowed?
Stay at home / go on holiday	Yes
Sign a contract with your new employer	Yes (but can’t start working for them)
Attend interviews	Yes (you’re allowed to prepare for your next role)
Volunteer or do unpaid work	Generally yes (as long as it’s not for a competitor)
Complete personal projects	Yes
Study or take courses	Yes
Exercise, travel, relax	Yes — it’s called garden leave for a reason

What You CAN’T Do

Activity	Why not
Start your new job	Breach of employment contract
Work for a competitor in any capacity	Breach of exclusivity
Contact current clients or colleagues about your move	Breach of restrictive covenants
Share confidential information	Breach of confidentiality
Set up a competing business	Breach of implied duty of fidelity
Badmouth your employer publicly	Risk of breach of non-derogatory obligations

Garden Leave and Restrictive Covenants

Feature	Detail
What are restrictive covenants?	Post-termination clauses limiting what you can do after leaving (non-compete, non-solicitation, non-dealing)
Impact of garden leave	Courts may reduce the enforceability period of restrictive covenants by the length of garden leave
Example	6-month non-compete + 3 months garden leave = court may enforce only 3 months of non-compete after garden leave ends
Why?	Garden leave already achieves the purpose of the restriction — keeping you away from clients and competitors
Important	This isn’t automatic — depends on the contract wording and court discretion

Garden Leave vs Other Notice Arrangements

Arrangement	Key difference
Garden leave	You stay employed, paid in full, but don’t attend work
Working your notice	You continue working normally during the notice period
Payment in lieu of notice (PILON)	Employment ends immediately, you’re paid a lump sum for the notice period
Immediate termination	Employment ends immediately with no pay (only for gross misconduct)

PILON vs Garden Leave

Feature	Garden leave	PILON
Employment continues?	Yes — still employed	No — employment ends immediately
Access to benefits	Yes	No (they end with employment)
Restrictive covenants	Start running after garden leave ends	Start running immediately
Holiday accrual	Yes	No
BIK	Continues	Ceases

Negotiating Garden Leave

Situation	Negotiation point
You want to start your new role sooner	Negotiate a shorter notice period or ask for PILON instead
Employer wants to extend restrictions	Argue that garden leave already restricts you — further covenants should be shorter
Outstanding bonus	Ensure any bonus due is paid during or at the end of garden leave
Company property	Negotiate keeping your phone number, laptop data, etc.
Holiday	Clarify whether you must take outstanding holiday during garden leave
Settlement agreement	Garden leave may be part of a broader exit package negotiation