Topics

Restrictive covenants

New and updated

  • Will the courts always enforce restrictive covenants?

    Type:
    FAQs

  • Common contract terms

    Type:
    Employment law manual

    Updated to include information on Tillman v Egon Zehnder Ltd, in which the Supreme Court considered if an unenforceable part of a post-termination restriction clause could be severed.

  • Cases on appeal

    Type:
    Law reports

    Updated to reflect that the Supreme Court allowed the appeal in Tillman v Egon Zehnder Ltd.

  • Supreme Court rules on correct test for severance in restrictive covenants

    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.

  • Consultation on confidentiality clauses

    Type:
    Consultations

    The Government consults on proposals to limit the misuse of confidentiality clauses in situations of workplace harassment or discrimination.

  • Date:
    28 January 2019
    Type:
    Legal guidance

    Businesses, particularly in the finance, technology, pharma, IT and manufacturing sectors use non-compete provisions to protect against potentially unfair competition by their employees. But one case being considered in the Supreme Court, could force their approach to change, writes lawyer Michael McCartney.

  • Wording of restrictive covenants comes under Supreme Court spotlight

    Date:
    23 January 2019
    Type:
    News

    Employers are being warned about the wording of restrictive covenants in employment contracts as a landmark case is heard this week at the Supreme Court.

  • Podcast: Key employment cases for 2019

    Date:
    11 January 2019
    Type:
    Audio and video

    Which employment cases will have the biggest impact on HR in 2019? We assess the likely impact on employers of upcoming cases on: the national minimum wage, shared parental leave, holiday pay, restrictive covenants, collective bargaining, covert CCTV, and employment status.

  • Restrictive covenants: Non-compete clause too wide to be enforceable

    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.

  • Breach of contract: nominal damages for misuse of confidential information

    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.