Restrictive covenants in employment contracts are a bit like lifejackets: it’s nice to have them there and you hope that they will fit you in an emergency but you would really prefer not to have to use them. That said, if the time comes and your employees are approached by a competitor in breach of … Continue Reading
The deadline for responses to the BIS call for evidence in relation to the use of restrictive covenants expires on 19 July. The Call contains no hard evidence at all to support any suggestion that covenants stifle start-ups. It admits that this is only an assumption, though even those are normally based on something. It … Continue Reading
“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
Squire Patton Boggs presents a series of webinars focusing on the key labour and employment issues in countries throughout Europe, the Middle East, Asia Pacific and the United States. Given in English by our local labour and employment law experts, each 60-minute webinar comprises a 50-minute presentation covering key “hot topics” in the featured jurisdiction, … Continue Reading
Squire Patton Boggs presents a series of webinars focusing on the key labour and employment issues in countries throughout Europe, the Middle East, Asia Pacific and the United States. Presented in English by our local labour and employment law experts, each 60-minute webinar comprises a 50-minute presentation covering key “hot topics” in the featured jurisdiction, … Continue Reading
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
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
In 2013, Squire Sanders is presenting a series of webinars focusing on confidentiality and restrictive covenants around the globe. These webinars will provide participants with an understanding of the basic principles of restrictive covenants in different jurisdictions. On 14 November 2013 at 1pm GMT (5pm MSK, 2pm CET, 8am EST) our featured countries are Hungary … Continue Reading
Thomson v Apem (High Court) “Can you stop 18 employees leaving for a competitor” A recent High Court case (Thomson Ecology Limited & Others v Apem Limited, Hall & Others) serves as a useful reminder to employers about the importance of ensuring that you have appropriate restrictive covenants and confidentiality clauses in place for key … Continue Reading
Earlier this month, the New South Wales Supreme Court in Australia ordered costs against an employer which funded an employee’s defence of restraint proceedings instigated by his former employer. HRX Pty Ltd v Scott is the latest in a series of legal spats involving human resourcing companies Talent2 and HRX. In this case, HRX employed … Continue Reading
