Like many employers, you’d like to be able to control what your employees do once they leave, e.g. prevent them from working for competitors. But how far will the law really allow you to go?
Published 18.10.2007
Until recently, it was believed that an employee could only be put on garden leave if there was a clause in their contract allowing it. But a High Court case has altered this position. What did it
say?
Published 19.02.2009
Restrictive covenants are unenforceable unless drafted in a reasonable manner and they protect a legitimate business interest. So, how do you go about trying to ensure that your restrictive covenants
will be valid? What’s the latest?
Published 19.04.2007
Restrictive covenants can help protect a business from harm. But there’s a danger - if the court deems you’ve “acted unreasonably”, they’re not worth the paper they’re written on. So how can you
ensure these clauses are watertight?
Published 18.11.2011
A key employee has just resigned and given the requisite notice to our subscriber. However, due to the nature of her job, they want her to leave immediately. Is this the only option? If not, what’s
the best course of action?
Published 06.03.2008
The government says that it is planning to impose a cap of three months on the length of non-compete clauses in employment contracts. If this goes ahead, what will most likely happen to any longer
pre-existing non-compete clauses?
Published 01.06.2023
An employee is preparing to set up in competition. He’s using non-confidential company information to help him do this, but you don’t have any restrictive covenants in place. What legal steps (if
any) can you take to stop him?
Published 12.11.2008
A senior employee’s just quit and you’re sure he’s about to join a major competitor. His employment contract contains a restrictive covenant. But will it do the trick? What is the court’s current
view?
Published 16.06.2005
It’s been suggested that in order to protect your business you place a robust restrictive covenant in all your future employment contracts. This sounds like a sensible approach, but why it is a bad
idea in practice?
Published 10.05.2018
If you need to introduce restrictive covenants for business reasons, you’re likely to encounter resistance from those who will be affected. In light of new case law, can you dismiss staff who refuse
to play ball?
Published 15.06.2006