Garden Leave in UK Law
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Is Garden Leave Overrated?
The value of garden leave - Including express 'garden leave' provisions into the contracts of employment of key executives in the UK has long been seen as a key aspect of an employer's armoury...
- Can TUPE Be Used To Gain Freedom From A Garden Leave Clause?
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UK High Court imposes 12 months’ garden leave on “implausible and opportunistic” stockbroker
In one’s darker moments at work the prospect of 12 months’ compulsory paid leave sounds like the way to go. In reality, the damage done to your name, skills and client connections could be very su...
- Would You Place Employees On Garden Leave As Part Of A Redundancy Consultation Process? This Could Affect The Fairness Of The Redundancy
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Employment News - December 2017 #3
In this weeks issue: - Nice try - no breach of contract when employee placed on garden leave... - It's not what you say - dismissal not for making protected disclosures... - That's...... Nice try – no breach of contract when employee placed on garden leave ... In Faieta v ICAP Management Services Ltd the High Court found ... ...
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Employment News - April 2017 #3
Taking the long view – potential nine month restriction for broker upheld - In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation...... ... and the fact that there was no set-off for the full duration of any garden leave period ... 3 into 2 won't go – Tribunal should have looked at ... ...
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TUPE and Share Sales
In ICAP Management Services Limited v Dean Berry and BGC Services (Holdings) LLP [2017] EWHC 1321, the High Court examined the circumstances in which TUPE may apply to a share sale. Mr Berry was...... ... IMS’s main competitors, upon which IMS immediately placed him on garden leave for the duration of his 12-month notice period. A few months into ... ...
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Team Moves: Three Ways To Protect Your Business
...Summary and implications ... When key employees leave to join a competitor, employers often risk losing other team members to ... Use garden leave clauses, because they permit an employer to keep a departing ... ...
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Breach Of Undertakings In Compromise Agreement
... ... Court held that an employee who assisted a competitor whilst on garden leave breached his employment contract and compromise agreement. In so ... ...
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Case Update
... ... important issues: whether the duty of good faith is reduced during garden leave and whether the penalty doctrine applied to a clause in a compromise ... ...
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