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02 October 2008
Issue: 7339 / Categories: Case law , Law digest
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Employment Law

SG & R Valuation Services Co v Boudrais [2008] EWHC 1340, [2008] All ER (D) 141 (May)

The court considered the question of garden leave, holding that whether or not an employee has the right to work is to be determined by construction of the contract of employment.

The test is whether the obligation of the employer is not confined to payment of the agreed remuneration, but also includes the obligation to provide work. The factors taken into account include the uniqueness of nature of the employee’s role, the skills involved in the job and whether those skills would atrophy through lack of use, and the provisions of the particular contract of employment.

Employees who have a right to work have that right subject to the qualification that they have not, as a result of some prior breach of contract or other duty, rendered it impossible or reasonably impracticable for the employer to provide work. Any such breach of contract or other duty must constitute wrongdoing, by reason of which they will or may profit. In such circumstances, there is no obligation on the employer to provide work, even though the contract of employment is ongoing.

Issue: 7339 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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