Garden Leave in UK Law

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

    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

    The number of successful experienced brokers of a product is limited. There are only eight inter-dealer broker companies which are members of the Wholesale Market Brokers Association, including Tullett and BGC. The companies therefore seek to protect themselves from having their successful brokers recruited by a rival. If a broker was not subjected to such restrictions, he could move from one employer to another with the strong likelihood of taking his connections with him.

    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.

  • 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. This is by far the most common type of payment in lieu and the present case falls into this category. The employer is in breach of contract by dismissing the employee without 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.

  • 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.

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Legislation
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... ” includes—(a) flats, lodging-houses and hostels;(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually ... public place in the locality specified in the authorisation—(a) to leave the locality (or part of the locality) , and(b) not to return to the ... ...
  • The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
    • UK Non-devolved
    • January 01, 2020
  • 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 ... ‘Public place’ means any highway, public park ... or garden, any sea beach, and any public bridge, ... road, lane, footway, square, ... ...
  • Matrimonial and Family Proceedings Act 1984
    • UK Non-devolved
    • January 01, 1984
    ... ... divorce shall be presented within three years of marriage unless the leave of the court has been obtained) there shall be substituted the following ... or part thereof which is occupied as a dwelling, and any yard, garden, garage or outhouse belonging to the dwelling-house and occupied ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter CG64829
    • HMRC guidance manuals collection
    ... ... Each disposal of a piece of land which is the garden and grounds of a residence can attract relief if some or all of that land ... Urbanisation may leave a house with anomalously large grounds for its location ... If parts of ... ...
  • Chapter RDRM31060
    • HMRC guidance manuals collection
    ... ... Land that is or forms part of the garden or grounds of a building above, (including any building or structure on ... -remitted because, for example, the individual chooses to use or to leave ... ...
  • Ask the court to make a non-molestation order or an occupation order
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... your address or telephone number to be made known to the respondent, leave the details below ... blank and complete Confidential contact details Form ... structure which is occupied as a dwelling; and any yard, garden, ... garage or outhouse belonging to it and occupied with it ... The ... ...
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