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Enforcing garden leave

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Although restraint of trade cases are always highly context-specific, a recent case provides an example of the High Court finding a long period of garden leave to be reasonable in the circumstances. The court found that 12 months was a reasonable period of time for a stockbroking firm to establish itself with its clients.

The court extended an interim injunction to enforce a garden leave clause in a stockbroker's employment contract. The effect of the injunction was to force the stockbroker, who had found employment with a new firm, to stay at home for the duration of his 12-month notice period.

For more information about garden leave, read our information on when a business may be able to place an employee on garden leave - click here