Commentary

(a) Transfer of restrictive covenants

Division AII Contract of Employment
| Commentary

(a) Transfer of restrictive covenants

| Commentary

(4)     TUPE cases

(a)     Transfer of restrictive covenants

How are restrictive covenants in the contract of an employee transferring by virtue of the Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (the 'TUPE Regulations') to be construed having regard to the change in the identity of the employer? As a matter of principle, in the context of a TUPE transfer, the employment contract (including any restrictive covenants contained therein) will transfer to the transferee. In P14 Medical Ltd v Edward Mahon [2020] EWHC 1823 (QB), [2021] IRLR 39, the court held

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