Podcast Location:
Download it here [file size: 37.1 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast provides a practical discussion of garden leave clauses against the backdrop of the 2013 Queen’s Bench decision of M Finn & Co Ltd v Holliday. Particular issues such as the importance of justifying garden leave clauses, the procedure of Employment Tribunal claims compared with court procedure are discussed as well observations which can be made regarding garden leave case trends more generally.

Comment is also made upon the unfair dismissal claim which was brought in M Finn & Co Ltd v Holliday and the court’s ultimate rejection of the claim.

Outcomes:
After completing the course you will:
  • Understand the background and ratio decidendi of M Finn & Co Ltd v Holliday;
  • Have considered the relative importance of an employer’s reasons for relying upon a garden leave clause;
  • Be aware of general trends in employment tribunal and court procedure;
  • Have considered the factors relevant to a court’s decision to uphold a garden leave clause;
  • Know the basis of the unfair dismissal claim in M Finn & Co Ltd v Holliday;
  • Understand why the unfair dismissal claim put forward in M Finn & Co Ltd v Holliday was rejected by the court.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
Tags:

In this CPDcast, Stephen Lennard, a barrister from Hardwicke Chambers discusses garden leave clauses following the Queen’s Bench decision of M Finn & Co Ltd v Holliday (2013).

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 20th December 2013

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