Commentary

(b) No express garden leave provision: a right to work?

Division AII Contract of Employment
| Commentary

(b) No express garden leave provision: a right to work?

| Commentary

(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

To continue reading
Analyse the law and clarify obscure passages all within a practical context.