Employment and Contract Assignment Essay Example | Topics and Well Written Essays - 2000 words

Employment and Contract Assignment - Essay ExampleThis practice is carried by m either employers towards their certain employees with a certain status. Employers practically keep a track of their confidential information and their relations with the customers. However, during this period the employee is refrained from cultivating any relationship with the customers as well as employers make sure that the employee does not gain access to any confidential information. This restricts the employees access to any sort of confidential information1. It is important to understand that Gardening Leave period takes bottom where the upper level management wants to keep the position of the company protected against any threatening agreement that could damage the companys reputation. This can be further explained from a simple example when an employee gets a job with the companys competitor and gives his employers a notice for leaving them. In such a scenario, the employer makes sure that the e mployee will not pass any confidential information to the competitor that would enable them to gain the competitive edge over the employers. However, during this period the employee pipe down remains under the terms of his Contract of Employment as he is still being paid by his employer. Therefore, it depends on the wish of his employers if they want their employee to dispel to his work, sacrifices him the access to the work related information or perform his usual duties as required by his employer2. Case Laws Evening Standard Co Ltd. v Henderson 1987 ICR 588 William- heap Organisation Ltd. V. Tucker 1998 IRLR 313 CA Standard health Care Ltd v Gorman 2010 IRLR 233 CA Symbian Ltd v Christensen 2001 IRLR CA SG&R Valuation Service Co LLC v Boudrais 2008 IRLR 770 Majority of the employers assumed that they have the authority to enforce gardening make in any situation like this even if the clause of gardening leave is not mentioned in the Contract of Employment. This assumption may risk the employers reputation both ethically and legally. The threat of this supposition was also highlighted in the incase of William Hill Organization Ltd -v- Tucker 1998 in which the Court of Appeal denied to permit any order where the Contract of Employment lacks any garden leave clause and any other clause that entitles the employer to refrain any of his employee from work. At the same time the Court of Appeal declined the case that there is a general implied responsibility to grant work under the contract of employment, the Court agreed that in some conditions, where the employees responsibilities are specific and the skills required to fulfill those responsibilities are needed regularly, the employers commitment under the contract of employment might, in addition to payment of the fixed compensation, puts an additional contractual obligation to offer work3. In another case of Symbian Ltd v- Christensen 2001, the Court of Appeal supported the assessment in Tuckers case and de clared that a garden leave clause will nevertheless be imposed to the point if it is practical in nature. In Clark v Nomura International plc 2000 case, the employee was discharged on three months notice on garden leave. The employees removal from the office itself was not unlawful, but during the garden leave notice the employee was subjected for his