(b) No express garden leave provision: a right to work?The right to work (see below) is not an unqualified right. As such (and whilst the ability to rely on an express garden leave clause is eminently preferable), it is not impossible to place an employee on garden leave without an express right to do so.In SG&R Valuation Service Co LLC v Boudrais [2008] EWHC 1340 (QB), [2008] IRLR 770 an employer was found to have acted lawfully in placing senior employees on garden leave without an express right to do so in circumstances
The right to work (see below) is not an unqualified right. As such (and whilst the ability to rely on an express garden leave clause is eminently preferable), it is not impossible to place an employee on garden leave without an express right to do so.
In SG&R Valuation Service Co LLC v Boudrais [2008] EWHC 1340 (QB), [2008] IRLR 770 an employer was found to have acted lawfully in placing senior employees on garden leave without an express right to do so in circumstances
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
Free trials are only available to individuals based in the UK
No Credit Card Required
No Downloads Necessary
0330 161 1234