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Restrictive covenants: Clause providing for wrongful dismissal is unreasonable

This report relates to 1 case(s)

Where in a restrictive covenant case there is evidence that an ex-employee's new business may be "permanently and adversely affected" by the grant of an interlocutory injunction to the former employer, a court has to give some consideration to the relative merits of the parties' cases as they would be determined at full trial, holds the High Court in D v M [1996] IRLR 192. In this case, an injunction is refused because the covenants which the employer sought to enforce purported to apply even where an employee had been wrongfully dismissed.