Restrictive covenants: Restrictive covenants binding despite unlawful termination clause
This report relates to 1 case(s)
Rock Refrigeration Ltd v Jones and Seward Refrigeration Ltd  IRLR 675 CA (0 other reports)
The view that restrictive covenants may remain enforceable in the event of termination due to the employer's own repudiatory breach of contract is a legal impossibility, holds the Court of Appeal in Rock Refrigeration Ltd v Jones and another  IRLR 675. Even if, as a matter of language, the covenant purports to apply to unlawful termination in those assumed circumstances, it cannot be an unreasonable restraint of trade and therefore invalid as a whole on that account alone.
Rock Refrigeration Ltd ("Rock") are in business in the Manchester area in connection with the sale, installation and maintenance of refrigeration and environmental control equipment.