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Resignations: case study

Amy Nash and Sarah-Marie Williams of Clyde & Co LLP conclude a series of articles on resignations with a case study that looks at how employers can protect their business in the event of an employee resignation. By invoking a garden leave clause an employer can prevent a departing employee from having access to confidential information during his or her notice period. Restrictive covenants can also be used to limit an employee's work-related activities post resignation, but should go no wider than necessary to protect the employer's legitimate business interests. 

David works for Safecover Ltd, an insurance company in London.  He has just given notice of his resignation as he has been offered a job with Safe Insurance Co, an insurance company in Manchester.

David's manager, John, is concerned about David joining a potential competitor.