Whether you are an employee navigating your exit from a role, or an employer needing to protect your business when a key staff member leaves, our specialist SRA-regulated solicitors are here to provide clear, robust advice on your contractual rights and obligations.
Navigating the end of an employment relationship requires careful legal management. We provide specialist advice on all aspects of notice periods and garden leave. Please select your position below.
Understanding your rights during your notice period is crucial for protecting your finances and your future career.
Managing a key employee's exit is vital for protecting your business interests, confidential information, and client relationships.
The Situation: A senior dealer resigned from William Hill to join a competitor. His contract had a six-month notice period but no express garden leave clause.
The Problem: William Hill tried to place him on garden leave for the full notice period to protect their business interests. The employee argued that this was a breach of contract, as he had a right to work.
The Outcome: The Court of Appeal agreed with the employee. It ruled that an employer cannot force an employee onto garden leave unless there is a specific, well-drafted clause in the employment contract that gives them the right to do so.
What this means: This landmark case shows that garden leave is not an automatic right. For employers, it highlights the absolute necessity of a professionally drafted employment contract. For employees, it shows that you can challenge an employer who tries to enforce a garden leave period that is not in your contract.
If your employer fails to pay you for your contractual notice period, this is a breach of contract. You may be able to bring a claim in the Employment Tribunal for unlawful deduction from wages or in the civil courts for breach of contract. It is important to act quickly due to strict time limits.
No. While you are on garden leave, you are still legally employed and owe your employer a duty of loyalty. Starting work for a new employer, even a non-competitor, would be a breach of your contract and could result in legal action against you.
A restrictive covenant is a clause in your contract that restricts your activities after you leave your employment. Common examples include non-competition clauses (preventing you from joining a competitor) and non-solicitation clauses (preventing you from contacting clients or poaching staff). We can advise on whether these clauses are legally enforceable.
You can only do this if you have a specific, well-drafted PILON clause in the employee's contract of employment. Making a payment in lieu of notice without a contractual right to do so is technically a breach of contract, which can have negative legal consequences, such as making restrictive covenants unenforceable.
A garden leave period must be for a reasonable length of time, usually no longer than the contractual notice period. The purpose is to protect a legitimate business interest (like confidential information or client relationships), not to be punitive. A very long period of garden leave could be challenged in court as an unreasonable restraint of trade.
This depends entirely on how they are drafted. To be enforceable, a restrictive covenant must be no wider than is reasonably necessary to protect a legitimate business interest. Vague or overly broad clauses are often struck out by the courts. We can review your contracts and advise on their strength or draft new, robust clauses for you.
Whether you are an employee or an employer, navigating an employment exit requires expert legal advice. Let our solicitors protect your interests.
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Wildings Solicitors are authorised and regulated by the Solicitors Regulation Authority (no. 552128). Wildings Solicitors is a trading name of Wildings Solicitors LLP, a limited liability partnership registered in England and Wales. Registration Number OC360274 registered office 862-864 Washwood Heath Road, Ward End, Birmingham, B8 2NG. A list of Directors is available from the registered offices. We do not accept service by email.
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