Restrictive covenants
In Ward v Fiducia Comprehensive Financial Planning Ltd, an employment tribunal upheld a claim for constructive unfair dismissal, finding that the employer had put inappropriate and excessive pressure on the employee to agree to an extended restrictive covenant following his resignation.
In Tillman v Egon Zehnder Ltd, the Supreme Court allowed the appeal and held that a six-month non-compete clause was enforceable because the unenforceable part of the clause was capable of being severed.
In Tillman v Egon Zehnder, the Court of Appeal held that a six-month non-compete clause that prevented the employee from being "concerned or interested in any business carried on in competition" after termination of employment was unenforceable as it would bar her from being a shareholder in a competing business.
The High Court has held that two ex-employees breached their contracts of employment by misusing confidential information belonging to their former employer's business. However, the High Court found that the employer had not suffered any financial loss and that it was entitled to only nominal damages of £1 from each employee.
In Theedom v Nourish Trading Ltd (t/a CSP Recruitment) and another [2016] IRLR 866 HC, the High Court dismissed an employee's libel claim in respect of emails sent by his employer about his misconduct.
Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.
An employment tribunal has rejected the unfair dismissal claim of an employee who was caught making a public appearance as a medium while on sick leave.
David Malamatenios is a partner, and Colin Makin and Krishna Santra are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
David Malamatenios is a partner and Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
In Prophet plc v Huggett [2014] IRLR 797 CA, the Court of Appeal held that an unambiguous non-competition covenant was binding even though, because the drafting was poorly thought through, it was "toothless" and the employee was free to take up employment with a competitor.
Employment law cases: HR and legal information and guidance relating to restrictive covenants.