Determining whether restrictions are enforceable

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Most recent Determining whether restrictions are enforceable content

Practice notes
Incorporation of post-termination restrictionsFor a post-termination restriction to be enforceable by the employer, it first has to be a contractual...
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11th Aug
Practice notes
Post-termination restrictions—the effect of repudiatory breachA repudiatory breach of contract by the employer will usually mean that any express...
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11th Aug
Practice notes
Decisions on post-termination restrictions and garden leave in employment contractsThis Practice Note summarises key decisions on the enforceability...
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11th Aug
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Produced in partnership with Ruaraidh Fitzpatrick of Cloisters 11th Aug
Practice notes
Garden leave and the right to workIn broad terms, putting an employee on 'garden leave' means the employer sending the employee home on full pay...
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11th Aug
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...
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11th Aug
Q&As
Can a temp agency restrict workers on their books from working directly for a client to whom they have been supplied by the agency?In answering this...
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11th Aug
Q&As
How can an employer prevent a former employee from dealing with a large client, where the client has a number of different divisions or departments?A...
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1st Aug
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...
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1st Aug
Q&As
Does the issue of whether there is valid consideration for the employee’s agreement to post-termination restrictions differ depending on whether the...
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1st Aug
Q&As
Is a clause requiring an employee to repay relocation costs if he terminates the employment contract within two years of the relocation void as a...
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31st Jul
Q&As
How do I protect confidential information in the workplace?What counts as confidential information? The legal definition of confidential information...
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31st Jul
Q&As
Can the employer enforce a restrictive covenant (post-termination restriction) if the employer dismisses the employee, eg by reason of redundancy?An...
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31st Jul
Practice notes
Construing post-termination restrictionsThe construction, or interpretation, of post-termination restrictions essentially follows the same rules of...
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31st Jul
Practice notes
Post-termination restrictions—reasonablenessEven if an employer is able to establish that it has a legitimate business interest to protect (see...
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30th Jul

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