Determining whether restrictions are enforceable

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[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...
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9th Nov
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[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...
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Practice notes
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...
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9th Nov
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1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...
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Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...
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[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...
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Practice notes
Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...
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9th Nov
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Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
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Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...
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9th Nov
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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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...
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[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...
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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...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 12th Jan
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[Insert in para 8.2 of claim form ET1:]1The Claimant was employed by the Respondent as a [job title]. She worked at the Respondent’s premises at...
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Date: [insert date]Dear [insert name of employee]Congratulations and thank you for telling me about your pregnancy and the date that your baby is due....
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Most recent Determining whether restrictions are enforceable content

Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Ruaraidh Fitzpatrick of Cloisters 15th Apr
Practice notes
This Practice Note summarises key decisions on the enforceability of post-termination restrictions (restrictive covenants) in contracts of employment...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
As noted elsewhere (see Practice Note: Restraint of trade), a post-termination restriction will be unlawful, and therefore unenforceable, unless the...
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9th Apr
Practice notes
It is a basic principle of common law that an individual should be free to follow their trade or calling when, where and in what manner they wish....
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9th Apr
Practice notes
In order to be enforceable, the terms of a post-termination restriction must do no more than the minimum necessary to protect the legitimate business...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes
The construction, or interpretation, of post-termination restrictions essentially follows the same rules of construction as are used in interpreting...
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9th Apr
Practice notes
Even if an employer is able to establish that it has a legitimate business interest to protect (see Practice Note: Legitimate business interest) it...
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25th Mar
Practice notes
A repudiatory breach of contract by the employer will usually mean that any express post-termination restrictions are not enforceable by the...
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16th Mar
Q&As
There are two main issues to be considered in these circumstances. The first has to do with introducing a post-termination restriction into the...
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11th Feb
Q&As
It is common for employment contracts to allow the employer to recoup relocation, training and other expenses incurred by it in respect of the...
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11th Feb
Q&As
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...
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11th Feb
Q&As
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...
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11th Feb
Q&As
What counts as confidential information? The legal definition of confidential information is information that is (i) confidential in nature, and (ii)...
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2nd Feb

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