Garden leave for healthcare staff

What garden leave means

GOV.UK describes garden leave, also called gardening leave, as your employer asking you not to come into work, or to work at home or another location, during your notice period. Acas says employers often use garden leave to keep a departing employee away from sensitive or confidential information before a move to a new job.

Garden leave differs from payment in lieu of notice. With payment in lieu, your employment ends straight away and you receive a payment for the notice period. Your employer can do this only if your contract allows the payment or you agree. On garden leave, your employment continues to the last day of notice. Our notice periods guide explains how long notice lasts.

The garden leave clause

Most employment contracts say the employer may require you to stay away from work, stop contacting patients, clients or colleagues, and return property during notice. A clear clause makes the instruction easy for the employer to defend.

If your contract has no such clause, the law is less settled. Courts have accepted some employees have a right to work as well as a right to be paid, where their skills need regular use. A surgeon, a prescriber or a specialist pharmacist can argue months away from practice harms their professional standing. This is a point to take to an adviser with your contract in hand.

Duties which carry on

You are still an employee, so your contractual duties continue. Expect to:

• stay available to answer handover questions during working hours
• keep patient and business information confidential
• avoid working for a competitor or any other employer
• follow any instruction not to contact staff, patients or suppliers
• return or keep safe equipment, smartcards and keys as told

Your employer must keep paying you as normal, including contractual benefits such as pension contributions. If you are paid for regular overtime or on-call work, ask how your employer will calculate notice pay.

Garden leave and later restrictions

A non-compete clause or non-poaching clause starts when your employment ends, which is after garden leave. Long garden leave followed by a long restriction keeps you out of work for a combined period. Some contracts reduce the restriction by the time spent on garden leave. Courts also look at the total period when they decide if a restriction is reasonable.

Registration, revalidation and CPD

Your professional registration does not pause during garden leave. Keep your fees, revalidation evidence and CPD records up to date with the GMC, NMC, GPhC or other regulator. If you hold an NHS smartcard or prescribing access linked to the employer, ask who will remove or transfer access at the end of employment.

A GP example

Say a salaried GP resigns to join a nearby practice with three months' notice. The partners place the GP on garden leave from the next day. The GP's letter asks them not to contact patients. The GP had planned weekend locum sessions for an out-of-hours provider. The salaried contract bans other work without consent, so the GP writes to the practice manager to ask permission before booking the sessions, and keeps the reply.

What to ask for in writing

1. The date garden leave starts and the date your employment ends.
2. The contract clause your employer relies on.
3. Confirmation your pay and benefits continue, including pension.
4. Who to contact for handover questions, and how.
5. Any limits on contact with patients, clients or colleagues.
6. Written permission for any other work your employer agrees to.
7. How untaken holiday will be handled.

Questions to ask an adviser

• Does my contract give my employer the right to put me on garden leave?
• Do I have an argument I need to keep practising my clinical skills?
• Can I negotiate an earlier end date to start my new job?
• How does garden leave affect the length of any restrictive covenant?
• Is my employer paying me the correct notice pay?

Where to get advice

• Acas helpline: call 0300 123 1100. See our Acas guide.
• Union or professional body: the BMA for doctors, the RCN for nurses and the PDA for pharmacists review contracts for members.
• Citizens Advice: general help if your pay stops. See Citizens Advice for work problems.
• An employment solicitor: worth paying for when garden leave sits alongside a restrictive covenant and a new job offer depends on the outcome.

A sudden loss of routine can feel unsettling. If your mood or sleep suffers, our support finder lists services for healthcare staff.

Read alongside this guide

• Notice periods when leaving healthcare work
• Non-compete clauses for pharmacists and clinicians
• Restrictive covenants explained
• Feeling trapped by a healthcare contract