The remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be divided between: • interim remedies available before final...
UPDATE: On 21 July 2019, following its consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination’, the...
The construction, or interpretation, of post-termination restrictions essentially follows the same rules of construction as are used in interpreting any other type of...
The remedies available in cases involving attempts to enforce post-termination restrictions may conveniently be divided between: • interim remedies available before final...
This Practice Note summarises key decisions on the enforceability of post-termination restrictions (restrictive covenants) in contracts of employment and...
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...
This Practice Note examines the steps an employer should consider before issuing substantive court proceedings, when faced with actual, threatened or suspected unlawful...
The remedies available in cases involving attempts to enforce contractual duties and post-termination restrictions may conveniently be divided...
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...
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...
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...
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...
As noted elsewhere (see Practice Note: Restraint of trade), a post-termination restriction will be unlawful, and therefore unenforceable, unless the party attempting to...
This Practice Note considers the legal and practical issues that may arise when an employee wishes to leave his current employment and move to work for a competitor. The...
This Practice Note examines the various types of post-termination restrictions (restrictive covenants) that are typically found in contracts of employment. The need for...
Even if an employer is able to establish that it has a legitimate business interest to protect (see Practice Note: Legitimate business interest) it will only...