Garden Leave and Restrictive Covenants

Posted in : How do I handle it NI on 12 August 2014
Patricia Rooney
Issues covered:

One of our senior employees has tendered his resignation. He has given the 3 month notice period required under his contract. I think he is going to work for one of our competitors after he leaves. Are there any steps I can take to protect the Company should this happen?

Patricia Rooney, Tughans Solicitors, Belfast:

The first step is to review his contract of employment. Hopefully, it will contain both a garden leave clause and post-termination restrictions which would allow the Company some protection on the employee’s departure.

I would suggest that you require a specific written garden leave provision if you want to ask the employee to stay away from work, restrict contact with clients

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This article is correct at 06/08/2015

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.

Patricia Rooney

The main content of this article was provided by Patricia Rooney. Contact telephone number is 028 9055 3300 or email

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