Garden Leave in UK Law

Leading Cases
  • Credit Suisse Asset Management Ltd v Armstrong
    • Court of Appeal (Civil Division)
    • 15 May 1996

    The law relating to restraint of trade raised questions of public policy. Thus, it was said, an employer should not be given any protection beyond that which was necessary in the circumstances. It was by that criterion that the validity of restrictive covenants was determined. The nature of the protection which CSAM needed had been stated in the restrictive covenants. The defendants did not, certainly at this stage, seek to challenge the reasonableness of the six months.

    Terms which operate in the restraint of trade raise questions of public policy. The opportunity for an individual to maintain and exercise his skills is a matter of general concern. I would therefore leave open the possibility that in an exceptional case where a long period of garden leave had already elapsed, perhaps substantially in excess of a year, without any curtailment by the court, the court would decline to grant any further protection based on a restrictive covenant.

  • J M Finn & Company Ltd v Thomas Brook Holliday
    • Queen's Bench Division
    • 08 November 2013

    During the currency of the employment relationship, when an express negative covenant or the implied duty of good faith apply to prevent an employee working for another employer, the doctrine of restraint of trade will not apply to such a restraint; nor is there a need to justify an express contractual garden leave provision by reference to this doctrine.

  • Tullett Prebon Plc and Others v BGC Brokers LP and Others
    • Queen's Bench Division
    • 18 March 2010

    Where the issue is garden leave, the court looks at the situation at the time enforcement is sought. The court will look primarily at what is required for the reasonable protection of the protectable interest, here trade connection. It will also take account of the situation of the employee.

    Where the court considers that the period for which the employer is entitled to protection ends during the time for which the employee may be on garden leave, it will enforce the garden leave provision for that period, and will decline to enforce any enforceable post termination restriction.

  • TFS Derivatives Ltd v Morgan
    • Queen's Bench Division
    • 15 November 2004

    Thirdly, once the existence of legitimate protectable interests has been established, the covenant must be shown to be no wider than is reasonably necessary for the protection of those interests. Reasonable necessity is to be assessed from the perspective of reasonable persons in the position of the parties as at the date of the contract, having regard to the contractual provisions as a whole and to the factual matrix to which the contract would then realistically have been expected to apply.

  • Delaney v Staples (trading as De Montfort Recruitment)
    • House of Lords
    • 12 March 1992

    (4) Without the agreement of the employee, the employer summarily dismisses the employee and tenders a payment in lieu of proper notice. However, the summary dismissal is effective to put an end to the employment relationship, whether or not it unilaterally discharges the contract of employment. It follows that the payment in lieu is not a payment of wages in the ordinary sense since it is not a payment for work done under the contract of employment.

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Legislation
  • Finance Act 2013
    • UK Non-devolved
    • January 01, 2013
    ...... any time intended to be, occupied or enjoyed with a dwelling as a garden or grounds (including any building or structure on such land) is taken to ... 2 . ‘Good leavers’ (other than retirees) PART 2 . ‘Good leavers’ (other than ......
  • Public Order Act 1936
    • UK Non-devolved
    • January 01, 1936
    ......as appears necessary to prevent any disposition without. the leave of the Court of property held by or for the. association and in accordance ...‘Public place’ means any highway, public park. or garden, any sea beach, and any public bridge,. road, lane, footway, square, ......
  • Municipal Corporations (Ireland) Act 1840
    • UK Non-devolved
    • January 01, 1840
    ......, Drain, Brook, or Ditch is said to cut, meet, join, cross, reach, or leave any Boundary, Street, Road, Lane, Path, Wall, Walk, River, Stream, Canal, ... of certain Buildings, and of Ground for building on, or for making Gardens, &c. may be made for Seventy-five Years. CXLII Leases of certain ......
  • Family Law Act 1996
    • UK Non-devolved
    • January 01, 1996
    ......leave of the court given by an order under section 33. . . (b) if not in ...dwelling,. . . and any yard, garden, garage or outhouse belonging to it and occupied. with it. . ‘family ......
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Books & Journal Articles
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Law Firm Commentaries
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