Garden Leave

[Fitzy1001]

Hi all,

I am currently working my notice and I'm in the 2nd week of 4 weeks notice.
My employer looks like they may take legal action to try and stop me for working for a rival company which I am moving to in the New Year.
If they take legal action by means of court during my notice period, do they have to place me on garden leave until my last day or can they assist on me working my notice period.

The new company is not based in the UK (Europe).

Fitzy.

[sloane82]

Re: Garden Leave

They cant really take legal action, your working your final notice then leaving that's it.

[Fitzy1001]

Re: Garden Leave

Thanks Sloane82,

I think they are trying to put the frighteners on, stating this is on my employment T & C's which I signed in 2000 and is now well out of date with the current job that I do.

Thanks.

Fitzy.

[sloane82]

Re: Garden Leave

They cant do anything finish your notice, and thats that.

[Diana M]

Re: Garden Leave

I think they are trying to put the frighteners on, stating this is on my employment T & C's which I signed in 2000

Did your employment contract contain a restrictive covenant?

If so then they may be able to take legal action against you depending on the wording of the contract and what work you'll be doing for your next employer.

Di

[Fitzy1001]

Re: Garden Leave

Thanks Di,

Yes, I do have a restrictive covenant in my employment T & C, but the wording does not include the products or service that I currently work in, this covenant is 16 years old and has never been updated to include what I do in my current job roll.

Fitzy.

[charitynjw]

Re: Garden Leave

Faccenda Chicken Ltd v *Fowler; CA 1986.
http://swarb.co.uk/faccenda-chicken-...owler-ca-1986/

( *Honest!)

[Diana M]

Re: Garden Leave

I do have a restrictive covenant in my employment T & C, but the wording does not include the products or service that I currently work in, this covenant is 16 years old and has never been updated to include what I do in my current job roll.

What is your current line of work such as IT or hairdresser or chef etc? That may give a clue as to why your current employer is so twitchy about what damage they think you may do to them when you start at your next job.

It's hard to prevent you taking your 'knowledge' (or recipes if you are a chef) but taking their clients may be a different issue.

Without seeing the wording of the restrictive covenant (could you type out the relevant clause?) it's not easy to say whether they have any reason to try to enforce that old covenant.

Di

[Linus]

Re: Garden Leave

It may have changed but 30 years ago when I was signing a contract with a restrictive covenant , my solicitor told me it was unenforceable because it was unreasonable