Commentary

(c) An injunction in aid of garden leave

Division AII Contract of Employment
| Commentary

(c) An injunction in aid of garden leave

| Commentary

(c)     An injunction in aid of garden leave

The term 'garden leave injunction' can be used to refer to different forms of injunction which a court may grant restraining an employee's competitive activities during the notice period. The term is misleading as the employee need not be on garden leave. A 'garden leave injunction' can take a number of different forms reflecting the variety of ways in which an employee might seek to compete during the notice period. The purpose of the injunction is to restrain the employee's actual or threatened breach of their contractual obligations. Broadly there are two forms that injunctive relief can take in this context. Firstly, an injunction may be granted to restrain an employee's competitive activities whilst the employer permits the employee to continue working (which the employee may or may not be content to do: see Evening Standard v Henderson [1987] IRLR 64, [1987] ICR 588 and Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373, [2015] IRLR 57,

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