SG & R Valuation Service Co v Boudrais & Ors [2008] EWHC 1340 (QB) (12 May 2008)

SG & R Valuation Service Co v Boudrais & Ors [2008] EWHC 1340 (QB) (12 May 2008)

Employees with a right to work may be kept away from work if their conduct constitutes serious breach of contractual or fiduciary duties, demonstrating lack of readiness and willingness to work; in such circumstances, employer's action does not amount to repudiatory breach. No express or implied contractual power...

Source-derived case information.

Citation
[2008] EWHC 1340
Parties
Claimant: SG & R Valuation Service Co; First Defendant: Dominic Boudrais; Second Defendant: Karen Smith; Third Defendant: Mark Finney; Fourth Defendant: Collier CRE plc; Fifth Defendant: Related company of Collier CRE plc
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Interim Application for Injunctive Relief / Return Date Hearing Following Without Notice Application
Outcome
Interim relief granted; first and second defendants required to remain away from work during notice period; application for destruction order against fourth and fifth defendants refused.
Legal Topics
Garden Leave, Right to Work, Suspension, Confidential Information, Fiduciary Duties, Springboard Injunctions, Balance of Convenience
Employment Law Contract Law Garden Leave Right to Work Suspension Confidential Information Fiduciary Duties Springboard Injunctions +1 more

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Parties

SG & R Valuation Service Co

Claimant

Dominic Boudrais

First Defendant

Karen Smith

Second Defendant

Mark Finney

Third Defendant

Collier CRE plc

Fourth Defendant

Related company of Collier CRE plc

Fifth Defendant

Procedural Posture

Interim Application for Injunctive Relief / Return Date Hearing Following Without Notice Application

Legal Issues

  1. 1 Whether an employer can place employees on garden leave absent an express contractual provision
  2. 2 Whether suspension powers in an employee manual are incorporated into employment contracts
  3. 3 Whether employees have a right to work and its qualifications

Ratio Decidendi

Employees with a right to work may be kept away from work if their conduct constitutes serious breach of contractual or fiduciary duties, demonstrating lack of readiness and willingness to work; in such circumstances, employer's action does not amount to repudiatory breach. No express or implied contractual power for garden leave existed, but the defendants' misconduct justified withholding work during notice period. Springboard relief was not justified as confidential information had been returned or sterilised and no evidence of misuse existed.

Court Disposition

Interim relief granted; first and second defendants required to remain away from work during notice period; application for destruction order against fourth and fifth defendants refused.

Orders

  • First and second defendants to remain at home (garden leave) until expiry of notice period.
  • Defendants to continue to be paid salary and protected by cross-undertakings as to damages.