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Michael Duggan QC wins in the Court of Appeal on important garden leave issues

Michael Duggan QC has won in the Court of Appeal in Michael William Rodgers v Sunrise Brokers LLP. The judgment could have far reaching effects on the practice of garden leave.  Underhill LJ has confirmed that it will not always be necessary
to pay an employee who refuses to work during his notice period before
injunctive relief can be obtained.
“The essential question…is whether
…restraining the Appellant from working for EOX, without any undertaking from
the Respondents to pay him, was liable to compel him to return to work for
them.”
The Judge had been correct to grant injunctive relief even
without an undertaking to pay.

Michael was instructed by Twenty Twenty Law.

 

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