Case Study: Exposing Breach of Gardening Leave in the Financial Services Sector

Client: Large Fund Manager (via law firm)

Service: Surveillance, Gardening Leave Investigation and Litigation Support

The Challenge

A major European financial services company faced a sensitive employment issue. One of their former employees, a senior figure with access to valuable client relationships and proprietary strategies, had recently left the business and was placed on gardening leave, a contractual period designed to prevent immediate transfer of knowledge and relationships to a competitor.

The employer suspected that the individual might already be working with a rival firm despite the restriction. On the surface, this seemed unlikely. The companies involved were well-acquainted, and both parties knew that a breach could carry serious legal consequences. Nevertheless, rumours persisted, and the client needed concrete evidence before pursuing legal action.

The reputational stakes were high. If the suspicions proved correct, it meant not only that confidential information was at risk but also that the departing employee was acting in bad faith, undermining the contractual safeguards in place.

Our Approach

Conflict International was instructed to conduct a surveillance-led investigation. The first step was to trace the subject’s current residential address in the UK. Once this was confirmed, we prepared a dedicated team of surveillance operatives to discreetly monitor his daily movements.

The objective was clear: to determine whether the individual was engaging in employment activity with the competitor during his gardening leave and to obtain verifiable evidence that could be used in potential litigation.

The Investigation

Surveillance began on a Monday morning. The subject was observed leaving his residence at approximately 7:00am and boarding public transport. Our operatives tracked his journey, documenting each step, until he arrived at the offices of the suspected competitor around 8:00am.

The subject was seen using an access pass to enter the building, indicating not only a physical presence but also an authorised connection to the organisation. Over the course of the week, he was consistently observed keeping standard business hours at the site.

On the final day of surveillance, further confirmation was obtained. After leaving the office, the subject joined colleagues from the competitor firm at a nearby pub. During casual conversation, he was overheard discussing his new role and commenting on matters relating to his former employer. This evidence removed any doubt that he had breached the terms of his gardening leave.

The Outcome

The detailed surveillance log, combined with photographic and audio-visual evidence, provided the client with an indisputable record of the breach. The evidence was passed to the instructing law firm, which used it to support litigation against both the individual and the competitor company.

By acting quickly and discreetly, Conflict International helped the client protect its commercial interests, prevent further leakage of sensitive information, and enforce the contractual obligations designed to safeguard the business.

Continuing Support

This case highlighted the importance of monitoring high-risk departures in sensitive industries such as financial services. Conflict International continues to support the client and their legal advisors with tailored investigations into employment breaches, competitive intelligence, and protection of intellectual property.

By combining meticulous field surveillance with a strong understanding of employment law contexts, we ensure that our clients have the evidence needed to defend their businesses when contractual safeguards are ignored.