Notice to Place Employee on Garden Leave - Form

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PRIVATE AND CONFIDENTIAL – ADDRESSEE ONLY

Dear ________,

NOTICE OF GARDEN LEAVE

We refer to your contract of employment dated ________ (the “Contract”) under which you are employed by us in the role of ________. Words and expressions defined in the Contract shall have the same meaning in this letter unless otherwise stated.

On ________, notice was given to terminate your employment by reason of ________. In accordance with your contractual notice period of ________, your last day of employment (the “Termination Date”) will be ________.

1. Garden Leave

1.1. This letter is formal written notice that we are exercising our contractual right to place you on garden leave during all or part of your notice period. Garden leave means that, while you remain employed by us and bound by all the terms of the Contract, you are not required to attend work or perform your duties except as we may direct.

1.2. We are placing you on garden leave in accordance with the express terms of the Contract. The relevant clauses are: ________. A copy of the Contract, with the relevant terms highlighted for your ease of reference, is enclosed at Attachment 1.

1.3. With effect from ________ until the Termination Date or until we notify you otherwise in writing (the “Garden Leave Period”), you will not be required to attend your place of work at ________.

2. Terms of Garden Leave

During the Garden Leave Period, and in accordance with the relevant provisions of the Contract, the following terms shall apply:

(1). In addition to not attending your place of work, you must not attend or seek to attend the following locations without our prior written consent:

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(2). You will continue to receive your normal salary and all contractual benefits (other than as set out below) to which you would have been entitled had you not been placed on garden leave, subject to deductions for income tax and National Insurance contributions and any other deductions authorised or required by law.

(3). Save as set out below, you will not be entitled to earn or receive any bonus or commission during the Garden Leave Period. We have agreed that you will receive an ex–gratia payment of £________ in lieu of any bonus or commission referable to the Garden Leave Period, such payment being made entirely without admission of liability and subject to lawful deductions.

(4). You will only be required to carry out work at our specific request. We are under no obligation to provide you with any work or duties. Any handover or other work allocated to you must be undertaken in a proper, diligent and timely manner.

(5). Save as expressly authorised by us in writing, you must not contact or communicate, or attempt to contact or communicate, directly or indirectly, with any of our:

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(6). You will remain an employee bound by all the terms of the Contract, including your express and implied duties of fidelity, good faith, confidentiality and the duty not to compete with our business during your employment. You must continue to comply with all post–termination restrictions set out in the Contract.

(7). You must remain readily contactable and available to us during normal working hours on each working day (unless on authorised annual leave) and respond promptly to any reasonable instructions we may give.

(8). We require you to take any accrued but untaken statutory and contractual annual leave during the Garden Leave Period, in accordance with regulation 15 of the Working Time Regulations 1998. To the extent permitted by the Contract, you will be deemed to have taken such leave during the Garden Leave Period. Any outstanding statutory holiday entitlement which cannot lawfully be deemed taken will be paid in lieu on termination in accordance with the Working Time Regulations 1998.

(9). You must return to us, on or before ________, all property belonging to us or to any group company, including (but not limited to) the following:

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(10). You will be free to seek alternative employment during the Garden Leave Period, but you must not commence any employment, engagement or other remunerative activity (whether for yourself or any third party) without our prior express written consent.

(11). We continue to process your personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018 and our privacy notice for staff.

Please refer to your enclosed Contract for full details of the terms and conditions relevant to your garden leave. Nothing in this letter varies the Contract save as expressly set out above.

3. Announcement

We will make appropriate announcements in due course regarding your garden leave and the scheduled termination of your employment. A draft announcement is enclosed at Attachment 2, which we intend to circulate at ________ on ________. We would be grateful if you could signify your approval of it as soon as possible and in any event before that time and date.

If you have any questions or require any clarification in relation to the contents of this letter or the terms of your garden leave, please do not hesitate to contact ________.

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Yours sincerely,

__________________________

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for and on behalf of ________

Acknowledgement and Agreement

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Signed: __________________________

Name: ________ ________

Date: ________

ATTACHMENT 1

Contract of Employment

ATTACHMENT 2

Draft Announcement