On 16thFebruary 2015, the Supreme Court refused permission to appeal in the case of Michael William Rodgers v Sunrise Brokers LLP [2015] IRLR
57, in which Michael Duggan QC acted for the
successful employer. The Court of Appeal 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 CA held that Judge had been
correct to grant injunctive relief even without an undertaking to pay. The Supreme
Court refused permission,stating that the application did not raise an
arguable point of law of general public importance which ought to be considered
by the Supreme Court.
Littleton carried out a number of seminars following the Court of Appeal
decision, if you would like to receive a copy of the presentation please email jasmine.barber@littletonchambers.co.uk
