Garden leave, also known as gardening leave, refers to a situation where an employee who is leaving their job is asked to stay away from work during their notice period, while still being paid.
This practice is frequently employed to prevent employees from taking sensitive information with them when departing their current employer, helping to safeguard the company's interests.
In the UK, garden leave typically involves asking an employee to:
- Refrain from providing any services for the company
- Avoid visiting the company's premises
- Abstain from using company equipment
- Cease contact with clients, suppliers, and fellow employees
- Garden leave helps minimise the risk of losing valuable clients, colleagues, or information to competitors, which could result in substantial financial losses for businesses.
At Enigma Investigations, we are often called upon to intervene and aid employers in conducting covert and overt examinations of garden leave compliance.
Advantages of Garden Leave Investigations
We understand that probing into an employee's garden leave is a delicate matter. However, discovering any contract violations early on can help protect your business from further harm. If an employee is found to have breached their contract, the employer might be entitled to pursue legal action.
How We Can Assist
Even if an employee has agreed to restrictive covenants, our clients may become suspicious or receive tips suggesting interactions with clients or employees.
Common scenarios that prompt garden leave investigations include:
- A tip that a former employee is being pursued by a competitor – we can help determine if the employee is adhering to any existing 'non-compete' clauses.
- Loss of clients in the ex-employee's specialised area – our discreet inquiries can help determine if the employee has contacted your clients and potentially convinced them to take their business elsewhere.
- Sharing intellectual property – if a rival company launches a product strikingly similar to what your former employee was working on, we can investigate potential collusion between the employee and the competing business.
Our Information Gathering Methods
Enigma Investigations routinely performs garden leave assessments, utilising a blend of open-source intelligence and undercover methods such as covert surveillance.
Our team can also conduct internal impact assessment checks, which often reveal the most effective starting point for your case. These investigations frequently uncover fraud, enabling clients to pursue legal action or settlements.
All our inquiries are conducted lawfully and in full compliance with regulations. We may recommend in-depth background checks, often combined with covert surveillance techniques, to ascertain the current situation.
Contact us to discuss how we can help your business with garden leave investigations.