(4) TUPE cases(a) Transfer of restrictive covenantsHow 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
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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