Employee competition and confidentiality

Employee competition and confidentiality guidance:

The remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be divided between: • interim remedies available before final...

Practice Note

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

Precedents

1 Confidential Information 1.1 In this contract 'Confidential Information' means: 1.1.1 information relating to the business, management systems, finances, transactions...

Precedents

1 Warranties 1.1 You warrant and represent to the Employer that: 1.1.1 by virtue of entering into this Agreement[ or the other agreements or arrangements made or to be...

Precedents

1 [Employment OR Job title] 1.1 [You will be employed by the Company as [enter job title or position] or in such other role as the Company may require from time to time...

Precedents

Insert defined term: Garden Leave any period during which the Company exercises its rights under Clause [insert relevant clause number, in this case Clause 1.1]; 1 Garden...

Precedents

1 Personal and Employer property 1.1 You acknowledge and agree that: 1.1.1 you are responsible for all items of personal property you bring to the Employer's premises;...

Precedents

1 Post-termination restrictions 1.1 You undertake to the Company[ (for itself and as trustee and agent for each Group Company)] that you will not, without the prior...

Precedents

1 Restrictions on dealing in shares or with inside information 1.1 You will (and will procure that your connected persons, as defined in section 252 of the Companies Act...

Precedents

UPDATE: On 21 July 2019, following its consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination’, the...

Practice Note

The construction, or interpretation, of post-termination restrictions essentially follows the same rules of construction as are used in interpreting any other type of...

Practice Note

The remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be divided between: • interim remedies available before final...

Practice Note

This Practice Note summarises key decisions on the enforceability of post-termination restrictions (restrictive covenants) in contracts of employment and sets out...

Practice Note

An order for delivery up is type of a mandatory injunction which can be used to compel the return of documents or other items wrongfully taken from the employer, within a...

Practice Note

Introduction The application should be made using Form N244 (Form N244(CC) if in the Commercial Court). Application notice (Form N244) PDF Format Application...

Precedents

This Practice Note examines the practical steps an employer should consider before issuing substantive court proceedings, when faced with actual, threatened or suspected...

Practice Note

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

Precedents

The remedies available in cases involving attempts to enforce contractual duties and post-termination restrictions may conveniently be divided between: • interim remedies...

Practice Note

Freezing orders were formerly known as Mareva injunctions, named after the claimant in one of the first cases in which such an injunction was granted. A freezing order is...

Practice Note

In broad terms, putting an employee on 'garden leave' means the employer sending the employee home on full pay during the employee's notice period. It can be done when an...

Practice Note

For a post-termination restriction to be enforceable by the employer, it first has to be a contractual term; that is, incorporated into a contract between the employer...

Practice Note

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

Practice Note

As noted elsewhere (see Practice Note: Restraint of trade), a post-termination restriction will be unlawful, and therefore unenforceable, unless the party attempting to...

Practice Note

Private & confidential [Insert name and address of client] [Insert date] Dear [Insert name of client] [Insert case heading and claim number if appropriate] Your proposed...

Precedents

Private & confidential [Insert name and address of client] [Insert date] Dear [insert name of client] [Insert case heading and claim number if appropriate] Proposed...

Precedents

[To be typed on headed notepaper of the Employee’s solicitors] Strictly private and confidential—to be read by addressee only [Insert name of employer’s solicitors]...

Precedents