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Unlocking Employment Law by Chris Turner

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6Garden leave and restraint of trade

Aims and Objectives

After reading this chapter you should be able to:

  • ■ Understand the process of garden leave
  • ■ Understand the nature of post termination restraint of trade clauses
  • ■ Understand the basic principle in relation to restraint of trade
  • ■ Understand the limited range of interests that can be protected by restraint of trade clauses in employment contracts
  • ■ Understand the tests of reasonableness which may validate restraint of trade clauses
  • ■ Understand how such clauses are enforced
  • ■ Critically analyse the area
  • ■ Apply the law to factual situations and reach conclusions

6.1 Garden leave clauses

One very basic right of employers on giving notice of termination of the employment contract is to insist ...

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