Employment contract - enforcement of conditions after termination

Undervalued

https://forums.moneysavingexpert.com/discussion/comment/81910467#Comment_81910467

No, its not! Gardening leave is an alternative some employers choose instead of requiring an employee to work their notice. The employee is still employed and paid but not required to come in to work. However they can be called back in at any time.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81910467#Comment_81910467

Gardening leave is basically an alternative to a non-compete clause. It removes you from the business so your knowledge reduces but avoids the legal challenges because you are still being paid in full. Obviously the downside to the business is that you are still being paid in full but not actually doing any work.

Some may do a mix and match, have 3 months gardening and 3 months none compete as a more defensible position than a 6 month non-compete and cheaper than 6 months paid non-worked time. The issue is that sometimes the proverbial hits the fan and you need to call your gardening leave people in in which case they can refresh their knowledge of your latest clients, latest strategy away day or whatever the IP they hold that would be valuable to your competitors.

https://forums.moneysavingexpert.com/discussion/comment/81910615#Comment_81910615

Kind of the point is that it isnt, it's ultimately very subjective and something that potentially could go either way were it to end in front of a judge. The two cases given were very clear because they are extremes, majority are much more in the grey areas between the extremes but the principles are clear yes.