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Legal Update

An employer can enforce the employment contract against a departing employee without paying salary

August 2014
Mayer Brown Legal Update
In this very recent case, the High Court has decided that the employer was entitled to enforce the contract against a departing employee, even though the employer had deliberately stopped paying salary to the individual. This case offers a boost to employers who, until now, have had to chose between allowing an employee to walk out in breach and threatening a damages claim, or paying the individual salary and holding them to the contract. This decision offers a route which allows an employer, in some circumstances, to enforce the contract but withhold salary payments (Sunrise Brokers LLP v Michael William Rodgers [2014]).


  • Nicholas Robertson
    T +44 20 3130 3919
  • Elizabeth Hodgkinson
    T +44 20 3130 3745
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