What is a garden leave letter?
When someone hands in their notice to join a competitor, or is leaving with access to sensitive client relationships, many employers prefer them not to work the notice period at all. Garden leave keeps them employed and paid, but at home: no client calls, no office visits, no system access. It protects the business while still treating the employee fairly.
This letter confirms the garden leave start date and the last day of employment, and can point to the clause in the contract that allows it. It explains that the employee's duties carry on, so they can't start a new job early, and that pay and the benefits you list continue. It sets out who they shouldn't contact and any contact that is fine. It asks them to stay reachable for handover questions and sets a date to return company property and delete company data. The employee countersigns to confirm they have read and understood it.
- Best for
- Employees serving notice who you don't want working in the business
- Signed by
- The employer, then the employee to confirm
- Covers
- Dates, pay and benefits, contact limits, availability, handover, property
- Length
- About 2 pages
When to use a garden leave letter
- A salesperson resigns to join a competitor and holds key client relationships
- A senior manager leaving after a restructure, with a long notice period
- An employee leaving who has access to pricing, plans or product designs
- Keeping a departing employee away from a team during a sensitive transition
- Ending employment by agreement with a paid period before the final day
What you fill in
15 blanks, then the name and email of each person who signs: employer, employee.
1 The letter
- Date of the letter*
- Employer (company name)*
- Employee's full name*
- Why employment is ending* your resignation · the notice of termination we have given you · our agreement that your employment will end
2 Garden leave
- Garden leave starts*
- Last day of employment*
- Contract clause that allows garden leave
3 Pay and benefits
- Benefits that continue
- Anything that stops during garden leave
4 Restrictions
- Who not to contact*
- Contacts that are allowed
5 Handover
- Your contact during garden leave*
- Handover the employee should help with
- Company property to return*
- Return property by*
6 Who signs
- Employer signature and date, job title · The manager or HR person placing the employee on garden leave.
- Employee signature and date · Countersigns to confirm they have received and understood the letter.
What the garden leave letter covers
- What garden leave means
- Your pay and benefits
- Contact while on garden leave
- Staying available
- Company property
- Ending garden leave early
- Employee's confirmation
Using the garden leave letter, step by step
1 Set the dates
Choose why employment is ending, then enter the start of garden leave and the last day of employment. Add the contract clause that allows garden leave if there is one.
2 Confirm pay and benefits
List the benefits that continue, such as health cover and pension. Use the second box for anything that stops, such as new commission while the employee isn't selling.
3 Draw the contact lines
Say who the employee should not contact and, if you like, what contact is fine, such as purely social contact with friends. Name the person they report to during garden leave.
4 Handover, property and signing
Add any handover tasks, the property to return and the date. You sign, the employee signs the confirmation section, and the signed letter is filed in your vault.
Tips before you send it
- Garden leave works best when the employment contract allows it. Without a clause, placing someone on garden leave against their wishes can be challenged. Check first.
- Keep the contact restrictions to what you actually need to protect. Very broad restrictions are harder to justify.
- Turn off system access on the start date, and arrange a time to collect equipment rather than leaving it open-ended.
- Post-employment restrictions such as non-solicitation are separate. Garden leave doesn't replace them, and some courts take time on garden leave into account when judging them.
Sign it online in minutes
- Fill in the blanks. Names, dates and amounts go straight into the agreement — the preview shows exactly where.
- Name who signs. Tick “This is me” for your own part. FileIt builds the PDF with every signature, date box on the right line, and you can check or move anything before sending.
- Send it. Each signer gets a secure link and signs from any device — no account needed. The signed PDF, with an audit trail and a Certificate of Completion, is filed in your vault and emailed to everyone.
Garden leave letter: frequently asked questions
Is an employee on garden leave still employed?
Yes. They stay on the payroll with their normal pay and benefits until their last day, and their duties of confidentiality and good faith continue. That is why they can't start a new job before the end date.
Can I place someone on garden leave without a contract clause?
It is riskier. Many contracts include an express right to put an employee on garden leave. Without one, it may depend on local law and the circumstances, so take advice before sending.
Does garden leave stop the employee contacting clients after they leave?
No. This letter covers the period up to the last day. Any restrictions after that come from the employment contract or a separate non-solicitation agreement.
Why ask the employee to countersign?
It confirms they received the letter and understand the rules, so there is no later argument about what they were told. FileIt records both e-signatures with a timestamped audit trail.