Do I get paid on gardening leave, and can I start a new job?
Gardening leave means paid notice away from work, not the end of your job. Your wages and holiday rights continue, but starting another job may need permission.
Gardening leave, also called garden leave, means your employer tells you not to work during some or all of your notice period. You stay employed and paid. Being sent home does not let your employer stop your wages or wipe out your holiday entitlement.
- Full pay
- usual pay and contractual benefits continue
- 12 wks
- maximum statutory employer notice in GB
- 5.6 wks
- annual statutory holiday for regular-hours workers
- £751
- GB redundancy weekly cap from 6 April 2026
What is gardening leave in the UK?
Garden leave and gardening leave mean the same thing: notice has been given by you or your employer, and you are told not to work for some or all of the time before your contract ends. Acas guidance on garden leave confirms that you remain employed and must be paid as usual, including contractual benefits. You have not left the job yet.
Being told not to come in for a day does not by itself mean you are on garden leave. Ask whether notice has been given and when your employment will end. An employer keeping you away from work may still require a handover or recall you if the terms allow.
Gardening leave: your employee rights
- Pay and benefits continue. Staying home on garden leave is not a reason to stop your wages. Bonus, commission and sick pay need a closer check of the terms.
- Holiday keeps building up. Garden leave does not automatically use up your annual leave.
- Redundancy pay is separate. If you qualify, it is due as well as your garden-leave wages.
- Your duties continue. Keep information confidential, follow lawful availability requirements and check restrictions before taking another job.
Can my employer put me on garden leave?
Usually only if the contract gives the employer that power, or you agree. Read the clause. Does it permit exclusion for the entire notice period? Can the employer recall you or restrict contact with clients or colleagues? Without a suitable clause, an instruction to stay home without your agreement can be a breach of contract, even if salary continues. In a serious case an employee may argue constructive dismissal and challenge post-employment restrictions. Neither result is automatic. Read more about constructive dismissal.
- Save the instruction. Keep the message telling you to stay home and note when it arrived.
- Keep your evidence. Download or photograph your contract, notice letter, recent rotas and payslips before access is cut off.
- Ask what applies. Get the garden-leave clause, pay, benefits, availability requirements and employment end date confirmed in writing.
- Get advice before refusing. Stay available as lawfully instructed. Do not sign away wages, agree to shorter notice under pressure or resign on the assumption that you will win a claim.
If there is no suitable clause and you do not agree, your employer can require you to work your notice or use payment in lieu of notice (PILON) if the contract permits it. Without a PILON clause, agreement is needed. Ending employment and simply handing over notice pay can still risk wrongful dismissal. See the guide to breach of contract.
Do you get paid on gardening leave?
Yes. Your usual pay and contractual benefits continue while you are fit and available for garden leave. Pension contributions and any contractual allowances or health cover do not vanish because you have been sent home or locked out of work systems. Bonus and commission depend on their terms: check whether payment is contractual, discretionary, tied to work already done or covered by the garden-leave clause. If a payment is missing, ask payroll to explain it in writing and keep the payslip.
Your employment duties continue too. Keep information confidential, comply with lawful handover or availability requirements and follow any agreed limits on contact with clients, suppliers and colleagues. Post-employment restrictions begin only when the contract ends, subject to their own wording.
Can you start a new job while on gardening leave?
Not automatically. You are still employed. Working for a competitor may breach your duty of fidelity, and your contract may require consent for any outside work. Ask for written permission before starting, even though you are not attending your old workplace.
If you want an earlier start, ask your employer to agree either permission to work elsewhere or a shorter notice period. Get the effect on your remaining wages and employment end date in writing before agreeing. If your job has already ended under PILON, check any surviving non-compete and confidentiality terms instead.
Garden leave and annual leave: does holiday still accrue?
Garden leave is not annual leave. Statutory holiday continues to accrue. For a regular-hours worker the minimum is 5.6 weeks a year. Extra contractual holiday follows its terms. An employer can require holiday on specified dates, generally with notice at least twice as long as the leave to be taken under the current regulation 15, unless a relevant agreement varies the rule. You must be able to rest, not be on call as if at work. Accrued statutory leave untaken when employment ends is paid in lieu. See holiday pay and entitlement.
Example: two weeks’ holiday
Amara has six weeks of garden leave remaining. If her employer wants the final two weeks to count as holiday, it must usually give four weeks’ advance notice before those holiday dates. An instruction issued only in the final fortnight cannot turn those same two weeks into directed holiday under the default rule.
Garden leave and sickness: will you still get full pay?
Follow your employer’s usual reporting procedure if you become sick. Do not assume garden leave guarantees full salary through illness. Acas explains that if an employer dismisses you and contractual notice is less than one week longer than statutory notice, statutory notice-pay protection can require normal pay while you are off sick. With at least one extra week of contractual notice, sick pay may instead follow the contract and statutory sick pay (SSP) rules. Different details apply if you resigned.
From 6 April 2026, SSP is the lower of £123.25 a week or 80% of average weekly earnings, payable from the first qualifying day without the former lower earnings limit (HMRC rates). It is not necessarily the total due during notice; check the contract and the notice-pay rules together. The SSP guide covers eligibility and calculation.
Gardening leave and redundancy: do you get both payments?
Yes, if you qualify for redundancy pay. An employer can use a valid garden-leave clause after giving redundancy notice. You stay employed and receive notice pay; redundancy pay is a separate payment, not a replacement for those wages. Garden leave does not remove the need for a genuine redundancy or the usual process. See redundancy pay and rights.
In Great Britain, statutory redundancy pay normally requires two years’ continuous service. Each completed year counts for half a week’s pay if aged under 22, one week if aged 22-40, and one and a half weeks if aged 41 or over; at most twenty years count. For redundancies on or after 6 April 2026, the week’s-pay ceiling is £751 and the maximum statutory payment is £22,530 (GOV.UK). These ceilings do not limit ordinary contractual salary during garden leave.
Under sections 52 and 53, eligible employees under redundancy notice can take reasonable time off during working hours to find work or arrange training. Statutory pay for that time off is capped at 40% of your own week’s pay for the whole notice period, not 40% of the £751 redundancy ceiling. Your normal wages paid for the same time count towards that entitlement; it is not an extra payment on top of full garden-leave pay.
Example: Marcus’s redundancy
Marcus earns £800 a week and has ten completed years of service. At his termination date he is 44. For this illustration, three counted years were spent aged 41 or over and seven aged 22-40. Ten weeks on garden leave pay £8,000 in ordinary wages. His statutory redundancy pay is (3 × 1.5 + 7) × £751 = £8,636.50, assuming no exception or enhanced scheme. The separate 40% ceiling for paid job-search time is £320 (40% × £800), not £300.40; normal wages paid for that time count towards it.
Garden leave vs PILON: when does your job end?
Garden leave keeps you employed until notice ends. Payment in lieu of notice (PILON) ends employment immediately. That difference affects your pay, holiday accrual and ability to start another job.
| Question | Garden leave | PILON | Working notice |
|---|---|---|---|
| When does employment end? | At the end of notice | Immediately | At the end of notice |
| What is paid? | Usual salary and contractual benefits through notice | Notice payment under the clause or agreement; benefits depend on the terms | Normal pay and benefits |
| What authorises it? | A suitable clause or agreement | A suitable clause or agreement | Ordinary notice rules |
| Can a new job begin? | Get consent while still employed | Potentially, subject to post-employment restrictions | Check working hours and contract |
| When do post-employment covenants begin? | On termination, subject to their wording | On termination | On termination |
If a non-compete lasts six months after a three-month garden leave, the person could be kept from a competitor for nine months in all. That does not make both restrictions enforceable. A court considers whether a restraint protects a legitimate interest and goes no further than reasonably necessary. The wording may also credit garden leave against the covenant. See restrictive covenants.
How long does gardening leave last?
Garden leave normally covers the notice you have left. It ends when employment ends. There is no statutory six-month cap on garden leave. Check the agreed notice and whether the clause is enforceable rather than relying on a rule of thumb. A long exclusion may be challenged, particularly if a lengthy non-compete follows it. Take advice before assuming either will be upheld.
In Great Britain, section 86 of the Employment Rights Act 1996 sets the employer’s minimum notice for an employee with at least one month’s service: one week under two years’ service; one week per completed year from two to under twelve years; twelve weeks at twelve years or more. An employee with at least one month’s service must give at least one week. Contractual notice can be longer. Read the notice periods guide for when the clock starts.
Example: Daniel’s notice
Daniel receives notice in person on 1 October 2026 after seven completed years. His contract provides seven weeks’ notice and permits garden leave. If no different start rule applies, notice starts on 2 October. He gets seven weeks on full pay, even if he is not asked to work. The letter should state the precise termination date. If he resigned, the statutory minimum he would owe is one week, though his own contractual resignation notice could be longer.
Employees, workers and contractors
Statutory minimum notice and redundancy rights described above are employee rights. A person called a “zero-hours worker” may nevertheless be an employee in law. The label alone does not decide status. Other workers and agency staff can have holiday and, if eligible, SSP rights without statutory employee notice. Their contract and actual employment status determine whether a garden-leave arrangement is appropriate. A genuinely self-employed contractor has no employee notice right but may have contractual stand-down or restraint terms. A fixed-term employee can be put on garden leave during a valid early notice period; otherwise the term normally ends on its agreed date.
Garden leave letter: what should yours confirm?
Ask for written terms so that “stay home” cannot later become a dispute about unpaid time, holiday or an earlier end to your job. If there is no suitable clause, the terms need your agreement. Check these points before signing:
- Dates and contract clause. Who gave notice, when it took effect, the clause relied on or agreement reached, and the start and end of garden leave.
- Pay and holiday. Your salary, pension, benefits, commission, bonus and expenses, plus your holiday balance and whether any specified dates will count as annual leave.
- Availability. Any handover, recall, contact hours, IT access, return of property and restrictions on contacting clients or colleagues.
- Other work. Whether you need consent, how to request it, and what an agreed early end would do to your wages and any post-employment restrictions.
- Illness and final pay. How to report sickness or request holiday, and the arrangements for your final pay and employment end date.
Can you request garden leave?
Yes. You can ask when you resign or discuss your notice, but there is no statutory right to insist on it. Offer a practical handover and ask for a written end date, pay terms and availability rules. Your employer can prefer working notice or an agreed earlier exit. Do not stop attending work just because you have asked.
Garden leave in England, Wales, Scotland and Northern Ireland
England, Wales and Scotland share the Great Britain notice and redundancy framework described here. Scottish court procedure for enforcing covenants differs from England and Wales. The government says the new six-month employment tribunal limit for Scottish breach-of-contract claims is due on 9 November 2026, not in force on 1 October.
Northern Ireland has its own employment legislation. Article 118 of the Employment Rights (Northern Ireland) Order 1996 uses the same minimum employer notice scale of one week, one week per completed year and twelve weeks maximum. nidirect confirms that normal pay and benefits continue on garden leave. But the GB £751 redundancy ceiling does not apply. nidirect lists the current NI weekly cap as £783. In NI, seek help from the Labour Relations Agency, not Acas. Employment claims go to the Industrial Tribunal. Do not apply GB tribunal time-limit or future unfair-dismissal changes to NI without checking NI law.
What is in force, and what is proposed?
No part of the Employment Rights Act 2025 creates a general right to garden leave or a statutory cap on its length. The surrounding employment rules are changing:
- SSP and GB redundancy figures are in force
SSP became payable from the first qualifying day without the former earnings floor; the 2026-27 weekly rate is £123.25 or 80% of average weekly earnings, whichever is lower. The GB statutory redundancy week’s-pay cap rose to £751.
- Most GB tribunal claim limits have been extended
Most limits increased from three months less a day to six months less a day, only where the claim’s relevant date falls on or after this date. Scottish breach-of-contract tribunal claims are scheduled to follow on 9 November 2026.
- GB unfair dismissal reform is scheduled
The qualifying period is scheduled to fall from two years to six months for dismissals with an effective date of termination on or after this date. Removal of the compensatory award cap is also scheduled. Neither change is in force yet.
Do you need a gardening leave lawyer?
Get advice promptly if your employer stops your pay, keeps you off work without a suitable clause or agreement, or threatens action over a new job. A long garden-leave period followed by a non-compete also needs checking before you assume you can ignore it. A dispute about a restriction may need urgent civil-court advice rather than a tribunal claim.
You do not have to start by paying a solicitor. If you belong to a union such as Unite, UNISON or GMB, ask its workplace or legal adviser to check the clause and any short payment. Otherwise contact Acas or Citizens Advice, or ask a local law centre about employment advice. Take your contract, garden-leave letter, rota, payslips and messages. If you may bring a Great Britain tribunal claim, notify Acas within the applicable time limit for early conciliation. Do not wait for your employer to finish answering you.
For suspected minimum-wage underpayment, a complaint to HMRC does not depend on winning a tribunal first. The Fair Work Agency is also in force, with a remit including minimum wage, SSP and holiday pay. In Northern Ireland, contact the Labour Relations Agency rather than Acas for employment advice.
Gardening leave questions
What does Acas say about garden leave?
Acas says you remain employed during garden leave and must be paid as usual, including contractual benefits. It is different from PILON, which ends employment immediately.
Can I refuse garden leave without a contract clause?
Usually, your employer needs a suitable contractual clause or your agreement. Without either, imposing garden leave can be a breach of contract even if pay continues. Get advice before refusing instructions or resigning; a constructive-dismissal claim is not an automatic win.
Can I start a new job while on gardening leave?
Get written consent first. You remain employed, work for a competitor may breach your duties, and your contract may restrict other work. An agreed early end to notice can affect the wages you would otherwise receive.
What happens if I am sick on garden leave?
Report the illness under your employer’s usual procedure. Full pay is not automatic: check contractual sick pay, SSP and statutory notice-pay protection together. Sickness does not stop the notice clock.
Do I get redundancy pay as well as garden-leave pay?
Yes, if you qualify. Redundancy pay is separate from your wages during notice. The GB £751 weekly cap from 6 April 2026 limits the statutory redundancy calculation, not your ordinary garden-leave wages.
Can my employer extend garden leave?
Not past your employment end date under the existing notice. A longer notice period requires a lawful basis or agreement. Any restriction after employment ends needs its own enforceable terms.
Sources
- When an employee does not have to work notice, Acas
- Pay during the notice period, Acas
- Employment Rights Act 1996, section 86, legislation.gov.uk
- Employment Rights Act 1996, sections 52-53, legislation.gov.uk
- Employment Rights Act 1996, section 227, legislation.gov.uk
- Statutory redundancy pay, GOV.UK
- Working Time Regulations 1998, current regulation 15, legislation.gov.uk
- Rates and thresholds for employers 2026-27, HMRC
- Employment Rights Act implementation timetable, GOV.UK
- Non-compete reform working paper, Department for Business and Trade
- Giving or getting notice and redundancy pay, nidirect
- Tribunal Statistics Quarterly, October to December 2025, Ministry of Justice
- £6 million repaid to workers as government cracks down on employers underpaying their staff, Department for Business and Trade