J M Finn & Co Ltd v Holliday [2013] EWHC 3450 (QB)

Posted In: Case Law
  • Legal Body
    England and Wales High Court (EWHC)
  • Type of Claim / Jurisdiction
    Working Time and Leave
Issues covered: Garden Leave

The Claimant sought an injunction to prevent the defendant from commencing work with a competitor. Upon the Defendants resignation the Claimant exercised an express contractual right to place the Defendant on garden leave and held him to his 12 month notice period. After one month of garden leave the defendant claimed constructive dismissal and the employers sought and were granted an interlocutory injunction.

The issues in this case where (a) whether or not the defendant had been constructively dismissed (b) whether even if the restraints were unenforceable, the court would nevertheless have

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This article is correct at 22/11/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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