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Your Questions AnsweredPosted on by Angela Rhodes
Q: What happens if an employee is given notice and goes on garden leave but then goes to work for another company? A: If it states in their contract that under garden leave, they are not allowed to work for anyone else, if they then did, they would be in breach of contract. As part of a breach of contract action, you may be able to obtain an injunction to prevent the employee working during their notice period, although the cost of doing so may prevent you. If you want to seek legal action, it should be taken as soon as possible in this case. You would also qualify for damages for breach of contract to compensate you for any loss you suffer as a result of the breach. Another easier option is to withhold their pay and if you wanted to, take disciplinary action to dismiss them for gross misconduct on the basis that their breach of contract was fundamental. Any action taken would probably depend on the length of the notice period and how senior the employee in question is. By stopping pay, if the employee is working elsewhere, they may bring a breach of contract claim against the employer, which you can then counter claim for their breach.
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