Many proposed employment law changes that the Government has put forward in the last few years have stalled, mainly as a result of the focus on Brexit and the coronavirus pandemic. Which proposals could be resurrected in 2021 and what would they mean for employers?
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.
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.
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