Mr Kobayashi
Well-Known Member
I don’t see why.
If his contract with Newcastle runs until then, I would think they are perfectly within their rights to demand those terms.
Yeah that isn't really how things work.
How long is garden leave in the UK?
There is not set period of length for garden leave, but it could be part of your contract. The longer the period of proposed garden leave, the less likely a court is to enforce it in full. For example, where there is a two-year notice period, it is unlikely that an employer would be able to serve notice and place the employee on garden leave for the whole of that notice period.There is recognition that businesses can protect themselves to a certain extent but not excessively. They have basically set out their stall that they want to use gardening leave to enforce it as if it's a non-compete clause.
By the summer of next year all Ashworth's work towards and knowledge of Newcastle transfer targets will be useless. Therefore it's not protection it's just non-compete.
"even where non-compete clauses are found in employment contracts, they may not necessarily be enforceable, unless a court considers that the non-compete clause is to protect a “legitimate business interest” and is no wider than reasonably necessary."