Employer that dishonestly poached staff could not rely on future contracts

This report relates to 1 case(s)

• expand

  Tullett Prebon Plc and others v BGC Brokers LP and others [2011] IRLR 420 CA (1 other report)

  • Constructive dismissal: No breach of contract in steps taken to prevent rival poaching employees

    Date:

    6 September 2011

    In Tullett Prebon Plc and others v BGC Brokers LP and others [2011] IRLR 420 CA, the Court of Appeal held that employees who had signed "forward contracts" to join a future employer that had engaged in an unlawful conspiracy to lure them away from their existing employer were entitled to terminate the forward contracts on the basis of the conspiratorial conduct. Further, in seeking to persuade them and other employees to stay, the existing employer had not committed a breach of trust and confidence entitling those who left to terminate their contracts lawfully.