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- Date:
- 25 August 2020
- Type:
- Commentary and analysis
Non-compete clauses and other restrictive covenants are often used to prevent an employee from taking an organisation's commercial secrets to a competitor when they leave. But is it fair to enforce them when job opportunities are limited? Imogen Finnegan, senior consultant at Bellevue Law, weighs up the pros and cons.
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- Type:
- Policies and documents
Updated with references to Square Global Ltd v Leonard and garden leave set-off clauses, and Allen v Dodd & Co Ltd, concerning an employer's liability for inducing breach of contract.
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- Type:
- Employment law manual
Updated to reflect that the written statement of employment particulars must include additional information about hours of work, from 6 April 2020.
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- Date:
- 19 November 2019
- Type:
- Law reports
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.
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- Type:
- How to
Updated to reflect changes to the rules on interpreting restrictive covenants outlined by the Supreme Court in Tillman v Egon Zehnder Ltd.
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- Type:
- FAQs
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- Date:
- 4 July 2019
- Type:
- Law reports
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.
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- Type:
- Consultations
Updated to include a reference to the Government's response to the consultation.
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- Date:
- 8 February 2018
- Type:
- Law reports
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.
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- Date:
- 6 March 2017
- Type:
- Law reports
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.
