Case update (3): Notice period – no work, no pay

notice-immediateWhat do we already know?

We updated you in our August Newsletter, Case update (2): Notice period: no work, no pay, on the case of Sunrise Brokers LLP v Rodgers in which the High Court clarified that:

  • an employee may be held to their notice on resigning and that if such employee refuses to work, the employer need not pay them; and
  • it is not always the case that if an employer refuses to pay a member of staff this will be a fundamental breach of contract.

Employees do not have either a right to cut short their contractual notice period or to insist on being placed on garden leave. It is the employer’s choice. In light of this, the High Court granted an injunction ordering Mr Rodgers to observe the terms of his contract (e.g. not working for a competitor and not contacting his former clients), until 16 October 2014.

What’s new?

Mr Rodgers appealed against the above High Court decision. The good news for employers is that the Court of Appeal upheld the High Court’s decision and enforced the injunction.