Employers commonly put an employee on garden leave so as to protect the business interests of the company as it ensures that the employee refrains from continuing with his or her employment duties and keeps them away from the premises.
The National Minimum Wage Act 2000 sets out the framework for the National Minimum Wage (NMW) that you must consider when deciding how much to pay your employees.
The aim of garden leave is to get the employee out of the office so that you can either investigate alleged misconduct or so as to protect your business interests.
If an employee is placed on garden leave then he or she will receive full pay but will be asked not to perform any services or special duties for a specified period of time (usually the duration of his or her notice period).
You are obliged to provide each of your employees with a written statement or an employment contract setting out certain terms and conditions that govern your employment relationship, so that they are aware of the main terms of their employment.
Once you have decided to dismiss an employee, you may place him or her on garden leave.
You are entitled to impose a longer notice period on your employees by mutual consent.
In the case of a managerial, professional or other senior employee, it may be advisable and appropriate to make the notice period fairly long, for example six months to be given by either party.
Categories: Employment, Employment contracts This Law Online guide highlights how the relationship between an employer and a person carrying out work comes mainly within the scope of contract law.
It also discusses the importance of the Terms of Employment (Information) Act, 1994, which requires employers to furnish employees with certain terms and conditions in their contract of employment.