Commentary

(d) Garden leave: a restraint of trade?

Division AII Contract of Employment
| Commentary

(d) Garden leave: a restraint of trade?

| Commentary

(d)     Garden leave: a restraint of trade?

When considering whether an employee can be placed on garden leave, it is important first to consider whether the restraint of trade doctrine is engaged. If the doctrine is engaged then the imposition of garden leave will need to be justified (as being reasonable and in the interests of the parties and the public) if it is to be enforceable.

There are conflicting authorities as to whether the doctrine of restraint of trade can apply to restrictions that operate during the lifetime of a contract. However, in Finn & Co Ltd v Holliday [2013] EWHC 3450 (QB),

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