News and resources

9th August 2017

Post termination restriction invalid because of hypothetical scenario

The Court of Appeal has decided that a non-compete restriction in a contract was void because it did not contain a provision allowing the employee to have a minority shareholding in a competing business after termination, even though the employee had no intention of holding any shares. Will Walsh from RB’s Employment Team explains this decision further. Read more

19th July 2017

Employer’s Question: Post termination restrictions

Our new sales rep cannot carry out his role because of post-termination restrictions in place with his former employer. We didn’t know about them before he joined. Can we terminate his employment immediately on grounds that he can’t perform his side of the contract? Read more

28th June 2017

TUPE: When could a business sale allow an employee to release themselves from garden leave and their restrictive covenants?

In a recent case, the High Court considered whether an employee could object to the transfer of his employment during a business sale and whether, by doing so, he could end his period of garden leave early to join a competitor. Will Walsh from RB’s Employment Team explains the outcome of this case and the potential consequences for employers. Read more

27th June 2017

Restrictive Covenants: Are employees under a duty to disclose their intention to compete?

The High Court recently ruled that employees are probably not under a duty to disclose their intention to compete. Tony Hyams-Parish from RB’s Employment Team looks at the judgment in further detail. Read more

17th February 2016

Dismissing an employee for disclosing confidential information was unfair

A recent case has demonstrated the dangers of relying on a breach of policy as a reason for dismissal where the policy was not consistently applied and enforced. Tony Hyams-Parish, Head of Employment, explains further. Read more