How to Handle an Employee Abusing Garden Leave
March 1, 2024 - Reading time: 9 minutes
Updated on: April 6, 2025
Garden leave in the UK, also referred to as 'gardening leave,' is a period when an employee is instructed not to report to work after submitting their resignation. Despite their absence from the workplace, they continue to receive their standard salary until the end of their notice.
Understanding Garden Leave in the UK
During garden leave, an employer may request that an employee refrain from coming into the workplace and instead remain idle at home, while still receiving pay per their contract terms. This can be enforced at any stage of their employment but is typically utilised once the decision for employment termination has been made, akin to a paid suspension.
The central purpose of garden leave is to protect the employer's proprietary information and client relationships. Keeping the employee away from their work environment diminishes the value of any confidential data they have over time. It also gives the successor a chance to build rapport with clients without the predecessor's input.
While on garden leave, employers may require the employee to:
- Surrender all company assets, such as laptops, mobile phones, and documents
- Cease communications with customers, suppliers, contractors or colleagues
- Remain on-call to respond to inquiries or aid in the transition of their responsibilities
- Resign from any associated positions such as trustees or directorships that they hold within or on behalf of the company
Occasionally, rather than enforcing conventional garden leave, employers may allocate different tasks to the employee or position them in an alternate workplace. This keeps the employee productive without compromising the objective of garden leave.
Garden Leave Stipulations
Employees on garden leave are instructed not to enter the workplace or perform their standard work tasks and are typically restricted from joining another employer during this period. They are entitled to their full salary and may be required to return company property, such as their company car. This period is legally enforceable if the employment contract includes a garden leave clause.
This type of leave is a strategy employers exercise in order to shield their interests, especially in sectors like banking and finance where employees have access to sensitive information. It hinders employees from taking current company intel to competitors and prevents potential misconduct from those discontent with their departure.
Contract Violation: Exploiting Garden Leave
A garden leave policy is often put in place with valid justification. Nonetheless, there are instances where employees might exploit this paid leave agreement. Let’s review some of these scenarios.
Seeking Alternate Employment
A prevalent misuse of garden leave is securing another job while still being compensated by the original employer. In some cases, especially when the notice period scales with tenure, this could mean extending the employer’s financial obligation over several months. It is imperative for employers to monitor compliance with the contract terms.
Retention of Company Property
An employee expected to return items like phones, laptops, or vehicles might neglect to do so during garden leave. Failing to return these, when requested, constitutes theft. Recouping these possessions can be challenging, more so if the employee has grievances.
Neglecting Agreed Remote Work
Employees instructed to perform duties remotely during their notice period might wrongfully treat this time as a paid holiday. This non-compliance with contract stipulations can amount to 'time theft'. Recovering lost wages in such cases is complicated, as withholding pay is unlawful.
Understanding Rights During Garden Leave
Employees on garden leave continue to receive their salary even though they do not report to work during this period. It's akin to enjoying the peace of your own garden while remaining a team member. For this arrangement to be in effect, the employment contract must remain active. An employer can maintain the status quo according to the contractual terms if the employee wishes to terminate their employment earlier than agreed.
Throughout the garden leave duration, employers are required to honour their contractual obligations, including salary and agreed benefits. The employee, in turn, while not physically at the workplace, is expected to uphold their loyalty to the company, refraining from any actions that could potentially harm the business.
Normally, employers will provide the usual salary during garden leave on the condition that the employee is available for work if needed; legal consensus generally finds this arrangement fair. But, should the contract specify reduced pay during garden leave, legal enforcement becomes more complex and courts may be reluctant to uphold it.
Additionally, the employment contract can rule that any unused annual leave is considered taken during the garden leave period, clarifying entitlements and responsibilities during this time.
Employment Restrictions While on Garden Leave
While on garden leave, you remain an employee of your company but are not engaged in daily work activities or present in the workplace. It resembles a hiatus, yet you continue to be affiliated with your employer.
The primary obligation during garden leave is to refrain from active employment, including starting a new job or competing against your former employer. This period allows your company to transition smoothly without concerns of you divulging confidential information or immediately joining a competitor.
Therefore, it is typically not permissible to seek employment with another company during garden leave, as it conflicts with the prevailing terms of the leave.
Can Garden Leave be Declined?
Rejecting garden leave may not be straightforward if you intend to exit your role without serving the notice period stipulated in your contract. In such cases, an employer may enforce garden leave, under which you would stay on the payroll without actively working.
Should you object to garden leave, the employer retains the right to pursue legal action to ensure adherence to the leave clause, safeguarding the company from potential competitive threats or knowledge spill-over.
The legal system generally does not compel individuals to continue in roles against their wishes. The concept of garden leave emerged as a solution allowing employers to remunerate departing employees during their notice period, easing the legal burden without mandating work. As a result, it can be challenging to refuse garden leave when an employer deems it necessary for company protection, and a court may validate such a condition in favour of the employer.
Handling Garden Leave Misconduct
If an employer suspects misuse of garden leave by an employee, the situation can be difficult. Withholding salary as a punitive measure is legally complex, and termination is not an option since the employee is already leaving. Deciding whether to take legal action hinges on the potential risks.
Legal measures might be justified if the employee's behaviour during garden leave poses a significant risk to the company. Evaluating the gravity of the situation and consulting legal counsel is advised to determine the appropriate course of action.
Upon deciding to place your employee on garden leave, you've acknowledged that it's less risky to remove them from the work environment during their notice period than to keep them on-site. In the event that they breach the terms of their garden leave, resist the temptation to simply write off the loss. It's important to consider the potential future consequences.
Ignoring a breach could tarnish your company's image, risk the leaking of proprietary information, and possibly establish a negative example for the rest of your workforce. While absorbing the financial impact may be feasible once or twice, should this behaviour become recurrent, the cost could become unsustainable.
In situations where an employee on garden leave may be mishandling confidential company data, misusing assets, or otherwise violating the terms of their leave, you must obtain proof to recover their salary or claim damages. Employing a private investigator can provide strong, actionable evidence, helping you demonstrate contract violations in a legal setting. Our experienced team of investigators operate across the UK and beyond.
We offer free, no-pressure quotes for all work. Tell us about your case and see how we can help.
Related articles
Catfishing Explained: 15 Signs of Online Deception
January 30, 2024 - Reading time: 7 minutes
Updated on: April 6, 2025
What is Catfishing and How Can You Spot It?
Have you ever found yourself questioning whether someone you’re chatting to online is really who they say they are? If so, you’re not alone — and you might be dealing with a case of catfishing.
While the term is often used jokingly, catfishing is a very real problem with serious consequences. It involves someone creating a fake online persona to build trust, affection, or even manipulate victims emotionally or financially. In this guide, we'll explore what catfishing really is, why people do it, and the clear warning signs to look out for.
What Exactly Is Catfishing?
Catfishing is the act of using a fake identity online to deceive someone into a relationship — usually romantic, but sometimes platonic or financial. These individuals, often called "catfish", craft believable stories, steal photos, and may go to great lengths to keep their real identities hidden.
The rise of dating apps and social media has made it easier than ever for catfishers to operate, and the emotional toll on their victims can be devastating.
Where Does the Term Come From?
The word "catfishing" became widely known after the 2010 documentary Catfish, where a man discovered he’d been misled by a woman pretending to be someone else online. The term originates from a story in the film where catfish were put in tanks with cod to keep them alert — a metaphor for people who keep others guessing in life.
Why Do People Catfish?
The reasons behind catfishing vary. Some are driven by loneliness or insecurity, while others do it maliciously — to harass, scam, or control others. It can happen between strangers or even involve someone you already know.
In some cases, catfishing crosses the line into criminal activity, especially when fraud, blackmail, or child exploitation is involved.
Is Catfishing Illegal?
Catfishing itself isn’t always illegal, but the actions surrounding it often are. Impersonation, using stolen photos, fraud, emotional abuse, or requesting explicit material can lead to serious legal consequences — particularly if minors are involved. If you're affected, it's always best to speak to a legal expert.
15 Signs You Might Be Dealing with a Catfish
1. They Avoid Voice or Video Calls
If someone consistently avoids phone or video chats, they may be hiding their true identity.
2. Sparse or Suspicious Social Media Profiles
A lack of friends, followers, or posts is a red flag — especially if their connections are mostly from unexpected countries.
3. Their Story Doesn’t Add Up
Inconsistencies in their personal history, job, or whereabouts can be signs of deception.
4. Stolen or Misused Photos
Use reverse image search (such as Google Lens or Tineye) to check if their photos appear elsewhere online. Many catfish use pictures of real people they’ve found on the web.
5. Their Life Sounds Too Good (or Too Bad) to Be True
Extreme sob stories or a life filled with glamorous adventures can be tactics to gain sympathy or admiration.
6. Their Only Photos Are Professional or Poor Quality
If all images look like model headshots or are blurry and pixelated, be cautious — they may not be real.
7. They Never Change Their Profile Picture
Catfishers often have limited access to images and avoid updating their profiles to maintain the illusion.
8. No Candid Selfies
A reluctance to share casual, in-the-moment selfies could suggest they don’t have access to new photos of the person they’re pretending to be.
9. They Avoid Meeting or Video Calling
If they constantly cancel plans or refuse to video call, they may be hiding their true identity.
10. Plans Are Always Cancelled
Repeated excuses for not meeting up is one of the most common tactics catfishers use to maintain distance.
11. They Ask You Lots of Personal Questions, But Share Nothing
If they dig deep into your personal life but offer little about themselves, it's a control tactic.
12. They Ask for Money
This is a huge red flag. Never send money to someone you've never met in person.
13. They Express Intense Feelings Too Quickly
If they confess love or deep feelings very early on, it could be emotional manipulation, also known as "love bombing."
14. Something Just Feels Off
Always trust your gut. If something doesn’t feel right, it probably isn’t.
15. You Consider Hiring a Private Investigator
Sometimes, you just need answers. A licensed private investigator can confirm someone’s identity and provide peace of mind.
Need Help with a Catfish Situation?
At Private Investigators UK, we’ve helped countless clients confirm suspicions and uncover the truth about people they’ve met online. Whether you're unsure or convinced you're being deceived, we’re here to help.
We offer free, no-pressure consultations. If you'd like to speak to our team, simply contact us with your situation, and we'll advise how we can help.
Related Articles
When are people most likely to cheat on their partners?
December 8, 2023 - Reading time: 4 minutes
Updated on: April 6, 2025
Sadly, cheating has become prevalent in today's society, gaining recognition in popular culture and receiving encouragement through dating platforms which are designed for the unfaithful. It has become increasingly common, or perhaps more accurately, increasingly reported. Whether you have experienced being cheated on or have been the one to cheat on your partner, infidelity remains one of the most detrimental occurrences in modern-day relationships. Numerous questions arise in our minds, such as why do people cheat on their partners, who is more prone to cheating and what are the signs of a cheating partner.
Recent studies that have tracked the frequency of cheating incidents, and indicate that March is not only the month with the highest probability of divorce but also the period when cheating is more likely to occur. Another noteworthy timeframe is the weeks following the Christmas holidays.
Whether these occurrences can be attributed to the weather, the conclusion of the holiday season, or New Year's resolutions to try new things, numerous reports suggest that these are times when vigilance regarding infidelity within relationships should be heightened.
Interestingly, February 13th has been designated as 'National Cheat Day', also known as 'National Mistress Day'. Preceding Valentine's Day, when couples traditionally engage in affectionate gestures, National Cheat Day is a time when unfaithful men often shower attention on their mistresses or engage in extramarital relationships. It is also one of the busiest days of the year for short-term bookings at hotels, motels, and other travel accommodations.
For those skeptical about temporal patterns, other time-sensitive indicators may point to an increased likelihood of cheating by your partner. For example:
- Individuals are more prone to cheating during periods of extreme stress in their lives, such as moving into a new house, receiving a job promotion, or experiencing the death of a family member.
- Men are more likely to cheat on their spouse and engage in an affair between the ages of 60 and 79 years.
- Women are more inclined to cheat on their partner between the ages of 28 and 37.
- Cheating is more probable during late-night hours following a social event or during afternoons when the unsuspecting partner is away at work.
- The likelihood of cheating increases once a couple has been in a relationship for seven years, commonly referred to as the seven-year itch.
If you find yourself contemplating questions like these and harbor concerns about the security of your current relationship, rest assured, you are not alone. The study of infidelity and its patterns, as well as explanations for cheating, persists because it continues to impact millions of individuals worldwide and will undoubtedly continue to do so in the future.
For many, there is nothing worse than the thought of their partner actively cheating on them. If you suspect that your partner could be cheating on you, then you might consider hiring the services of a private investigator in order to check and gather evidence. As a leading detective agency based in the UK, our detectives are highly experienced at surveilling individuals that are suspected of cheating on their partners. We can help to either confirm your suspicions or to provide peace of mind. We cover all areas of the UK. Feel free to get in touch with us for more information and a free quote.
Related articles
When to Leave a Cheating Partner — Or Can the Marriage Be Saved?
November 1, 2023 - Reading time: 7 minutes
Updated on: April 6, 2025
After infidelity, deciding whether to walk away or try to save your marriage can be one of the hardest choices you’ll ever face. Betrayal brings pain, confusion, and a loss of trust. But with honesty, support, and careful reflection, some relationships can survive — even grow stronger. Others, however, are simply not worth saving.
At Private Investigators UK, we understand how emotionally complex infidelity can be. That’s why we offer discreet, professional cheating partner investigations, so you can get clarity — without confrontation. If you’re in the dark, we can help you find the truth and make informed decisions moving forward.
Should You Stay After They Cheat?
There’s no universal answer. Every situation is different. Ask yourself:
- Was this a one-time mistake or a repeated betrayal?
- Is your partner taking responsibility — or making excuses?
- Are you both willing to rebuild trust, or are you the only one trying?
- Can you forgive — and do you even want to?
If you're still in love but overwhelmed by doubt, it's okay to seek help — from therapists, friends, or private investigators. The key is to not rush a decision. You deserve clarity, closure, and confidence in your next steps.
Signs It Might Be Time to Walk Away
1. They Won’t Apologise
If your partner shows no remorse, refuses to apologise, or blames you for their actions — that’s a massive red flag. True change starts with accountability.
2. They Refuse to Talk About It
If they shut down any conversation about what happened, they’re not ready to do the work. Avoidance only deepens the distance between you.
3. The Relationship Feels Exhausting
Trust takes time to rebuild. If the process is draining your energy, harming your mental health, or making you feel stuck — it may be time to let go.
4. They’re Not Willing to Put in the Work
Change only happens when both people commit. If your partner won’t seek therapy, talk openly, or make sacrifices — they might not be serious about making it right.
5. They’re Still in Contact with the Person They Cheated With
If they continue messaging or seeing the person they had an affair with, that’s not respect — it’s disregard. You deserve better.
6. Lies Keep Stacking Up
Once the truth is out, honesty is crucial. If your partner continues to lie, even about small things, rebuilding trust becomes impossible.
7. They Minimise Your Feelings
If they dismiss your pain, call you “too sensitive”, or act like you should be over it already — that’s emotional invalidation, not love.
8. They Blame You
Cheaters sometimes shift the blame to avoid guilt. “You weren’t giving me attention” is not a reason — it’s an excuse.
9. They Show No Regret
Genuine remorse is key. If they act like it’s no big deal, or worse, act like you’re the problem for bringing it up — that’s not someone who’s ready to change.
Reasons You Might Choose to Stay
1. Your Quality of Life Together Has Been Strong
If your marriage has been mostly good and fulfilling, and this incident feels out of character — some couples can recover. With effort, things may be rebuilt.
2. You Have Children
Divorce deeply affects kids. Some couples choose to work through infidelity for the sake of the family unit. However, staying just for the kids is not always healthy — especially if the relationship becomes toxic or tense.
3. There’s Still Love and Willingness to Rebuild
Sometimes, people do make terrible mistakes — and deeply regret them. With therapy, open communication, and clear boundaries, some marriages do come back stronger.
How to Rebuild After Infidelity
Rebuilding a relationship after cheating isn’t easy — but it’s possible. It requires transparency, time, and a lot of honest effort from both sides.
- Get couples therapy from a qualified professional.
- Set boundaries — no more contact with the third party, full honesty, and clear check-ins.
- Be patient. Healing isn’t linear, and setbacks will happen.
If your partner isn’t showing remorse, or if your gut says something’s still off — it might be time to dig deeper.
Need Proof Before Confronting Them?
If you suspect infidelity but don’t yet have solid proof, don’t confront blindly. Our experienced private detectives can help confirm the truth discreetly and legally. Whether you’re looking for peace of mind or preparing for a divorce case, evidence matters.
Contact us today for a no-pressure, confidential chat. Include your postcode and a few details, and we’ll provide a free quote based on your case.
Related Articles
You are reading the PrivateInvestigators-UK blog — home to the UK's leading detective agency. Learn more about us by visiting our homepage PrivateInvestigators-UK.com.