Resignation acceptance with garden leave letter templateReading time 3 minutes (inc. support info). Reviewed 10/03/2023.
Our Resignation Acceptance with Garden Leave Letter template confirms an employee's resignation while outlining the garden leave terms, ensuring a clear understanding.
What is a Resignation acceptance with garden leave letter?
A resignation acceptance letter with garden leave is a formal written communication from an employer to an employee, accepting their resignation and informing them that they will be placed on garden leave for a specified period of time.
The resignation acceptance letter with garden leave typically confirms the effective date of the employee's resignation, outlines the terms and conditions of their garden leave, and provides details about their final pay, any outstanding benefits, and other relevant information.
The letter may also include information about the employee's obligations during garden leave, such as their duty to maintain confidentiality and to comply with any non-compete or non-solicitation agreements.
Overall, a resignation acceptance letter with garden leave is an important document that formalises the terms of an employee's departure and helps to protect the employer's interests during the transition period.
What legal and best practice aspects should employers be aware of?
Garden leave is a period of time where an employee is asked to stay away from work, while still remaining an employee and receiving their salary and benefits. During this time, the employee may be required to comply with certain restrictions, such as not working for a competitor, contacting clients or suppliers, or sharing confidential information.
Generally, an employee has the right to resign from their job at any time and for any reason, and an employer cannot legally refuse their resignation.
However, there may be some circumstances where an employer may want to ask the employee to reconsider their resignation. For example, if the employee has unique skills or knowledge that are critical to the organisation and difficult to replace, the employer may try to negotiate with the employee to stay on for a longer period of time, or offer alternative incentives such as a promotion, increased pay, or better working conditions.
Generally an employee will have a statutory obligation to provide a notice period before resigning, and if the employee fails to provide this notice, the employer may be able to take legal action to recover damages caused by the employee's abrupt departure.
Overall, while an employer cannot legally refuse an employee's resignation, they can try to negotiate with the employee or take other actions to minimize the impact of the employee's departure on the organisation.
Unfair dismissal claims can arise from verbal resignation and, as such, you should always request written resignations.
Resignation acceptance with garden leave [Delete this line]
Dear [Recipient first name],
I am referring to your [letter of] resignation [of/on] [date]. While we are naturally disappointed by your decision, I confirm that I accept your resignation on behalf of [Company].
Your last day of work will be [termination date under notice period] during your notice period. However, rather than you working out your notice period, we have decided to place you on garden leave beginning [date] in accordance with [clause number] of your employment contract.
This means you will continue to receive full pay and benefits (with the exception of benefits provided to enable you to do your job, such as a work mobile phone or company car) as usual, and you will be bound by all of the obligations and restrictions set out in your contract of employment, [including any confidentiality clauses and restrictive covenants contained in your contract of employment,] except the duty to attend work.
During the garden-leave period, you will not be permitted to come to work and must remain absent from the workplace. You are not permitted to work elsewhere during your garden leave and must remain available to be contacted by the company.
[We request that on your last day in the office, you return all company property. Items that can be returned to your manager include [list the relevant items and elaborate as needed]:
[books, hardware, office equipment, keys, security passes, credit cards, and any other property owned by the organisation.]
[Please contact your manager to arrange for your laptop's return. You should also make certain that any work documents, whether hard copy or on your computer, are returned. Any documents on your workplace or home computer's desktop should be copied to [details of shared drive].]
[However, you will be permitted to keep [describe any benefits that the employee will be permitted to retain, such as a company car] until the end of your notice period, and we will contact you closer to the time to arrange [its/their] return.]
[I'd like to remind you that you are still bound by the obligations and restrictions outlined in [clause number(s)] of your employment contract. To avoid ambiguity, I have listed the applicable clauses below]:
[Insert any confidentiality or restrictive covenants in the employee's contract.]
Please sign one copy of this letter and return it to me to acknowledge that you understand and accept the terms applicable during the garden leave period.
Yours [faithfully | sincerely],
[Sender job title]
Guide to managing an employee resignation
Our Guide to Managing an Employee Resignation offers step-by-step instructions for a smooth transition, ensuring professionalism and maintaining positive relationships.
Exit interview meeting invitation letter template
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