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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The High Court recently granted a mandatory injunction in favour of a not for profit fuel company, Warm Zones, against two of their ex-employees, Sophie Thurley (ST) and Alex Buckley (AB) to allow their personal computers to be copied and viewed after the court agreed that there was a substantial risk that ST and AB had, and would continue to use Warm Zones’ confidential information. Such mandatory injunctions are rarely made, especially with regards to individual’s personal property, as there is a significant risk of injustice if the claimant fails to prove their case at trial.
The starting point with restrictive covenants is that in order to be enforceable, they must be no wider than is reasonably necessary to protect your employer’s legitimate business interests. Our “top tips” below provide guidance as to the factors you ought to consider when entering into such covenants, and upon the termination of your employment.
Restrictive covenants have the potential to upset the recruitment of new staff at all levels of the professional hierarchy. The “top tips” below help to identify the key issues to bear in mind.
This blog first appeared on Economia.
Former President of the Employment Tribunals in England and Wales, David Latham, may be onto something…
Until recently, Judge Latham was President of the Employment Tribunals (ET) in England & Wales. He was therefore in a position of pre-eminent importance in the running of our ET system and, in a speech to a gathering at the Law Society earlier this week, he outlined his views as to what should be changed in the future.
There is no such thing as a “watertight” restrictive covenant. However, below are some important factors to bear in mind when drafting post-termination obligations. If followed, these “top tips” should enable you to guard against at least some of the issues involving restrictive covenants which commonly plague employers.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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