Commentary

(a) Practicalities and difficulties related to garden leave

Division AII Contract of Employment
| Commentary

(a) Practicalities and difficulties related to garden leave

| Commentary

(3)     Drafting issues

The message for those drafting contracts of employment could not really be clearer: if in doubt, include an express garden leave provision. However, in William Hill Organisation Ltd v Tucker [1998] IRLR 313, CA Morrit LJ went on to consider what the attitude of the court should be to granting injunctive relief in circumstances where an express garden leave provision was incorporated into the contract of employment. Per Morrit LJ:

''… there appears to be a trend to increasing reliance on garden leave provisions in preference to conventional restrictive covenants, no doubt because hitherto the courts have treated the former with greater flexibility than the latter as explained by Neill LJ in Crédit Suisse v Armstrong [1996] ICR 882, 892. But the reported cases dealing with the court's approach to the grant of injunctions in this field show that if injunctive relief is sought, then it has to be justified on similar grounds to those necessary to the validity of an employee's covenant in restraint of trade. It seems to me that the court should be careful not to grant interlocutory relief to enforce a garden leave clause to any greater extent than would be covered by a justifiable covenant in

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