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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
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MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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