Gardening Leave Pay Calculator 2026
Calculate pay during gardening leave. Employees on garden leave receive full contractual pay. Calculate total cost and effective leave period.
Gardening Leave Calculator
Frequently Asked Questions
What is gardening leave?
Gardening leave (garden leave) is when an employer asks an employee to stay away from work during their notice period, while still paying their full salary and contractual benefits.
Is gardening leave legal?
Yes, if the employment contract contains a garden leave clause, or if the employer and employee mutually agree. Without a contractual right, forcing garden leave could be a breach of contract.
Does the employee still get paid on gardening leave?
Yes — the employee receives full contractual pay and benefits throughout the garden leave period. This is the fundamental principle: no work, but still employed and paid.
Does annual leave accrue during garden leave?
Yes. The employee continues to accrue statutory annual leave (and any enhanced contractual leave). They can be required to take accrued leave during the notice period.
Can the employer stop the employee working for a competitor during garden leave?
The employee remains employed and bound by their employment contract during garden leave, including confidentiality and any existing restrictive covenants. Post-termination restrictions run from the end of the notice period.
Does garden leave count towards continuous service?
Yes. The garden leave period is part of the notice period and counts towards continuous employment, pension accrual, and other statutory entitlements.
Can the employee resign early from gardening leave?
Only with the employer's agreement, or if the employer's conduct amounts to a breach of contract (e.g., stopping pay). Otherwise, the full notice period must run.
What is the difference between garden leave and PILON?
Garden leave: stay away from work, remain employed, receive full pay for the notice period. PILON (Pay In Lieu Of Notice): employment terminates immediately, lump sum payment covers the notice period. PILON is now subject to income tax and NI (post-April 2018 rules).
Can an employee take another job during gardening leave?
Not usually — they remain employed and the original employment contract's provisions (including any exclusivity clause) continue to apply. Breach could justify dismissal.
Is gardening leave the same as 'administrative leave' or 'suspension'?
No. Suspension is typically unpaid or paid pending an investigation (disciplinary matter). Garden leave is during the notice period and is always paid.
What notice period triggers garden leave rights?
You need a contractual notice period — typically 1 month to 12 months for senior employees. Statutory minimum notice (1 week per year, up to 12 weeks) can also be served as garden leave.
Can I claim unfair dismissal if placed on garden leave?
Not simply for being placed on garden leave — it's part of employment. However, if the employer fails to pay or breaches other contractual terms during garden leave, the employee may resign and claim constructive dismissal.