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

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 to consider whether to exercise discretion to grant an injunction in relation to the garden leave