Paid to Stay Away - A Practical Guide to Garden Leave

Introduction

Garden leave is a key tool for employers to protect sensitive information, enabling employers to place restrictions on employees during their notice period - typically by preventing them from attending the workplace or contacting clients - while they receive full pay and benefits.

This webinar provides an examination of the law on garden leave in England and Wales, covering the circumstances in which garden leave can be imposed, the enforceability of garden leave clauses by injunction and the relationship between garden leave and post-termination restrictive covenants. With potential reform of non-compete clauses on the horizon, the practical significance of garden leave has never been greater.

What You Will Learn

This webinar will cover the following:

• The purpose and parameters of garden leave
• Imposing garden leave with and without an express contractual clause
• Relevant factors when considering whether an employee has an implied right to work
• The essential elements of an effective garden leave clause
• The effect of garden leave on the employment contract and the continuing obligations on both parties
• The principles governing garden leave injunctions
• The relationship between garden leave and post-termination restrictive covenants
• The potential impact of proposed reforms to non-compete clauses on garden leave