It has long been a mystery to me as to why so few practitioners choose to attend ET users meetings. Particularly senior ones. The Employment Lawyers Association has tried hard to engender more enthusiasm for these, and for a time it worked. But it seems enthusiasm has waned somewhat in recent times.
Can employers still monitor employees’ communications in light of Barbulescu v Romania? Don’t panic, they can. But, the decision in Barbulescu v Romania from the appeal chamber of the European Court of Human Rights (ECtHR) shows that, in future, they must apply their mind in a much more rigorous way to how they go about it.
In the case of Egon Zehnder v Tillman the Court of Appeal held that a non-compete restrictive covenant in the employment contract of a senior executive was unenforceable, overturning an earlier High Court decision. It should serve as a warning to employers to take real care over the drafting of restrictive covenants, whilst it is likely to have important implications in future cases concerning the enforcement of post termination restrictions.