Employee competition and confidentiality

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Precedents

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Payment in lieu of notice (PILON)

The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...

Contractual redundancy payments

An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...

Unfair dismissal remedies—general

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

The duty of fidelity and fiduciary duties

All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...

Precedents

Letter—from employer placing employee on garden leave

[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...

9th Nov

Precedents

Letter—TUPE (9) from employee objecting to transfer

[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...

9th Nov

Practice notes

Qualifying period for unfair dismissal

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...

9th Nov

Precedents

Draft outline script for disciplinary hearing (misconduct)

1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...

9th Nov

Practice notes

No response, rejected response or claim not contested: employment tribunals

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Precedents

Application—additional information (further and better particulars)

[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...

9th Nov

Practice notes

Definition of dismissal in unfair dismissal

To succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the employer. A contract of employment may...

9th Nov

In-house

Precedents

Letter—long-term sickness absence (6): to employee confirming dismissal on notice (following final written warning)

[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...

9th Nov

Practice notes

Employment tribunal case management

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

Practice notes

The basic award

Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...

9th Nov

Practice notes

Striking out and unless orders in employment tribunal proceedings

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

9th Nov

In-house

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

9th Nov

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

9th Nov

Practice notes

Calculating pension loss in employment tribunal claims

Pension loss will generally only arise in cases where an individual has lost their job and the pension provision that went with that job. An...

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 9th Nov

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

9th Nov

Practice notes

Collective agreements

Collective agreements are agreements negotiated between one or more trade unions and employers or employers' associations and which relate to one or...

9th Nov

Most recent Employee competition and confidentiality content

Q&As

How do I protect confidential information in the workplace?

What counts as confidential information? The legal definition of confidential information is information that is (i) confidential in nature, and (ii)...

29th Nov

Q&As

In the context of confidentiality agreements, what constitutes an ‘indirect’ disclosure? Is it necessary to specifically use the word ‘indirect’ to capture all types of disclosure by the main disclosing party?

There is no statutory definition of ‘indirect disclosure’ and there does not appear to be any case law on the matter. This indicates that what...

Produced in partnership with Michelle Last of Keystone law 29th Nov

Precedents

Witness statement in support of an application for a prohibitory interim injunction

Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

28th Nov

Precedents

Witness statement opposing an application for a prohibitory interim injunction

Filed on behalf of the DefendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

28th Nov

Precedents

Drafting note for application notice for a search order

General pointsAn application for a search order should be made using Form N244 (or Form N244(CC) if in the Commercial Court), see:•Application notice...

28th Nov

Precedents

Affidavit in support of an application for a search order

Filed on behalf of the Applicant/[Claimant OR intended Claimant][insert initials and surname of deponent]Number of affidavit: [insert the number of...

28th Nov

Precedents

Search order

Claim No. [insert claim number]IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]][Specify...

28th Nov

Precedents

Order for an interim prohibitory injunction

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

28th Nov

Practice notes

Interim injunctions in employee competition claims

The remedies available in cases involving attempts to enforce express and implied terms of the contract of employment in employee competition cases...

28th Oct

Precedents

Executive service agreement

BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....

26th Oct

In-house

Practice notes

Restrictive covenants—a guide to our materials

This Practice Note contains links to all Lexis®PSL Employment documents relating to employee competition and confidentiality, including...

7th Oct

In-house

Practice notes

Confidential information and trade secrets in employment

As noted in Practice Note: The duty of fidelity and fiduciary duties, the duty of fidelity implied into every contract of employment will generally...

Produced in partnership with Ruaraidh Fitzpatrick of Cloisters 30th Sep

Q&As

Can an employer include in a contract with an individual who is not an employee, eg an intern, post-termination restrictions preventing the individual from competing with the employer?

You may wish to consider:•the duty of fidelity and confidential information•the effect of the doctrine of restraint of trade•the possible impact on...

28th Sep

Q&As

Where a post-termination restriction has been agreed to in a document that is separate to the main employment contract, and the employer is in breach of an express term of the main employment contract, will such a breach by the employer affect the enforceability of the post-termination restriction?

For the purposes of determining what constitutes the content of the contract between the parties, it is necessary to bear in mind that a contract can...

28th Sep

Q&As

In relation to a non-compete post-termination restriction issued to an employee on their last day of employment, can the employer withhold pay until the employee has signed consent to the restriction?

There are two main issues to be considered in these circumstances. The first has to do with introducing a post-termination restriction into the...

28th Sep

Q&As

What options are available to an employee to bring a claim if their employer’s business to business client contracts contain a provision requiring the client to pay to the employer a fee if the client employs any of the employer’s employees within a stipulated period, the fee in question being so substantial as to effectively prevent the employee from finding another job with any of those clients?

The combined skills of a trained and stable workforce have been held to be a legitimate business interest capable of protection by an employer....

28th Sep

Q&As

Where a confidentiality obligation in an employee’s contract of employment is made subject to a whistleblowing carve-out, to what extent will the confidentiality restriction be enforceable against the employee post-employment if they disclose confidential information that would otherwise be required to be disclosed by law?

Questions of this nature are very difficult to answer without sight of the actual employment contract. Like post-termination restrictions (restrictive...

Produced in partnership with Peter Edwards of Devereux Chambers 28th Sep

Q&As

In a claim by an employer against a former employee’s new employer for one of the economic torts (eg conspiracy, inducement to breach contract), what is the measure of damages?

The new employer of the former employee may be made a party to any litigation involving the target employee as a result of the operation of the...

28th Sep

Q&As

Can the employer enforce a restrictive covenant (post-termination restriction) if the employer dismisses the employee, eg by reason of redundancy?

An employee is freed from any post-termination restriction if:•there is a wrongful dismissal (ie a dismissal in breach of contract), or•the employer...

28th Sep

Q&As

If an employee is on sick leave during their notice period and therefore has no contact with clients, could it be argued that the period of post-termination restrictions can be reduced as it would typically be if they were placed on garden leave?

The combined effect of the implied duty of fidelity, any fiduciary duties owed by the employee and express restrictions on competition (such as garden...

28th Sep