Commentary

(c) Interim relief – a novel approach?

Division AII Contract of Employment
| Commentary

(c) Interim relief – a novel approach?

| Commentary

(c)     Interim relief – a novel approach?

The above legal argument is clearly of some subtlety and it has to be said that use of this possible line of attack by an employer in these circumstances has been rare, the received wisdom being that the 'real' answer here is an express garden leave clause (which are now commonplace). However, it is possible that there may be renewed interest in this more fundamental approach (potentially leading to what is in effect a suspension without pay for a recalcitrant employee) in the light of the decision of the Court of Appeal in Sunrise Brokers LLP v Rodgers [2014] EWCA Civ

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