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Contracts of employment: Wrongful dismissal prevents reliance on "restraint of trade" clause

This report relates to 1 case(s)

Where an employee is wrongfully dismissed, any outstanding contractual obligations of the injured employee are extinguished upon the ending of the employment contract, holds the High Court in Briggs v Oates. Thus, the dismissal of a "salaried partner", in breach of a five-year fixed-term employment contract, meant that the ex-employer was unable to enforce a restraint of trade clause contained in that contract.