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Showing 19 results for Restrictive covenants
Recent Cases
Enforcing post-termination restrictions in unsigned contracts
...restrictive covenants actually applied to Ms Cawley. In his judgment, Tenon fell at the first hurdle. This was because it could not demonstrate that there was a signed contract, nor that it had provid...
Recent Cases
Supreme Court rules Pimlico plumber was a worker, not self-employed
...covenants restricting his activities post-termination and the references in the contract to “wages”, “gross misconduct” and “dismissal". The employment tribunal had therefore been entitled to conclude...
Recent Cases
Non-compete clause unenforceable due to short notice period during probation
Non-compete clause unenforceable due to short notice period during probation The High Court has ruled an employer’s claim that post-termination restrictions are needed to protect client relationships ...
Recent Cases
Great Expectations: High Court grants injunction to enforce six month non-compete restriction
...restrictive covenants. The employee successfully appealed the case to the Court of Appeal on a separate point, but here we look at learning points from the decision of the High Court. Speedrea...
Recent Cases
Employer could not “buy” post-termination restriction
...Restrictive covenants: thank you for your consideration
Recent Cases
LLP agreements: can a member terminate if the LLP commits a repudiatory breach?
...restrictive covenants which limit their activities going forwards. The High Court’s decision does leave open the possibility that the doctrine of repudiation may still apply in the case of an LLP wi...
Recent Cases
Post-termination Restrictions Agreed During Employment Unenforceable
...covenants and it must be substantial and not nominal. The company argued that it had provided consideration: as the covenants were introduced as part of a package, which conferred benefits, including...
Recent Cases
Resigning Employee Held to Contract Without Pay
...restrictive covenants and a garden leave clause. On 27 March 2014, he purported to resign with immediate effect. He had secured a job with a competitor and intended to relocate to the USA. His...
Recent Cases
Employer’s Covenant Drafting Error Could Not be Corrected By Court
...restrictive covenants in particular, please contact your usual Doyle Clayton adviser or email info@doyleclayton.co.uk.
Recent Cases
12 Month Non-Compete Clause Enforceable
...restrictive covenants is a complex area. Covenants must always be tailored to fit the particular circumstances – there is no one size fits all. If in doubt, seek legal advice.
Recent Cases
Drafting Error in Non-Compete Clause Corrected by High Court
...covenants. It is very unusual for courts to re-write post-termination restrictions in order to make them valid and the employer in this case can count itself lucky that the court felt able to give a...
Recent Cases
Non-solicitation Covenant Covering All Customers Upheld as Reasonable
...covenants will therefore normally be drafted so that they only cover customers with whom an employee has dealt during a specified period prior to termination. However, each case must be considered on...
Recent Cases
Employee Breached Implied Duty of Fidelity by Organising Team Move
...restrictive covenants or confidentiality provisions. H resigned on 27 November 2012 and was put on garden leave. He started working for a competitor on 2 January 2013. Shortly after his resignatio...
Recent Cases
12 Month Non-Solicitation Covenant Upheld
...restrictive covenants which included a 12 month restriction on soliciting anyone who was a customer of Romero in the six months immediately prior to the termination of his employment. The covenant wa...
Recent Cases
Employee Bound by Restrictive Covenants in Unsigned Contract
...Restrictive Covenants in Unsigned Contract An employee who failed to sign a new employment contract containing restrictive covenants issued to him on promotion was still bound by the covenants. He co...
Recent Cases
Wide Non-Solicitation Covenant Enforced
Wide Non-Solicitation Covenant Enforced A non-solicitation covenant has been found to be reasonable, even though it was not limited to customers the employee had dealt with directly during a specifie...
Recent Cases
Covenants Unenforceable as Managers’ Contracts Contained No Restrictions
Covenants Unenforceable as Managers’ Contracts Contained No Restrictions The High Court has held that a failure to include restrictive covenants in employees’ managers’ contracts put the enforceabilit...
Recent Cases
Court Refuses Barring Order to Prevent Breaches of Confidentiality
...restrictive covenants although she had signed a separate confidentiality agreement. CLS sought a barring order preventing her from being involved in its commercial relationship with QH. CLS argued th...
Recent Cases
Team moves: The intention of the employer can be relevant for constructive dismissal cases
...restrictive covenants. When they became aware that the employees intended to move, Tullet Prebon invited the employees into a meeting. The employees claimed that this meeting broke the implied term ...