Tag Archives: covenants

Desperately seeking substance – BIS Call for Evidence on restrictive covenants

“We want to ensure that when used, covenants are justified, well-constructed, targeted and reasonable. There needs to be a balance which ensures the employer can protect its business interests when staff move on and the worker is not unfairly disadvantaged when they (SIC) decide to leave or start up their own business“. So says the … Continue Reading

Transfer of undertakings in Poland – do non-competition covenants transfer with the employee?

Earlier this spring the Polish Supreme Court decided that a company taking over a business is not bound by the non-competition covenant entered into by the previous employer.   Normally you would expect the incoming employer to want the covenant to remain in force.  However, to enforce a post-termination non-competition clause in Poland requires the employer … Continue Reading

No help from UK Courts for “absurd” non-competition covenant – over to you, employers

A strong message to employers from the Court of Appeal this week to check your restrictive covenants, but this time to do it properly.  None of that just casting an idle eye over the relevant page of your executive’s contracts – description of territory, tick; vague reference to competition, tick; not wholly fanciful restraint periods, … Continue Reading

Keeping it in the family – UK High Court imposes 12 month restraint on father and son team

Sometimes it must be tough being a High Court Judge, especially where you have to separate your distaste for a party’s ethics from the actual legal merits of his case.  So hats off to Mrs Justice Simler for combining in Croesus Financial Services Limited –v- Bradshaw & Bradshaw last week a fairly gleeful trashing of … Continue Reading
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