Restrictive Covenants and Garden Leave

The articles featured on hrlaw.co.uk were correct at the time of publication and should not be relied on or treated as a substitute for legal advice relevant to particular circumstances. Please contact us if you require legal assistance on any employment issues.

Ask Auntie: Can I enforce my restrictive covenants?

Dear Auntie I run a chain of bakeries and six months ago I bought a bakery business from one of my major competitors, Baking Bad. I paid a lot of money for the business and didn’t want the previous owner of Baking Bad, Ms Patty Cake, to set up a...

Can unenforceable restrictive covenants be rendered enforceable by an employee's promotion?

Job promotions are ideal opportunities to get employees signed up to new or improved restrictive covenants but can a promotion itself turn an employee’s existing unenforceable restrictive covenants into enforceable ones?  hrlaw looks at the recent...

Non-solicitation covenants

Restrictive covenant-related case law has developed yet again following the recent High Court decisions in Baldwin (Ashby) Limited v Andrew Maidstone and Towry EJ Ltd v Bennett and others .  But it is a subject that never tires Employment Litigation...

Whoops! Seven slip-ups - some of the most common but avoidable HR mistakes

A subscriber to HRlaw.co.uk has asked us to compile a list of what we find to be some of the most common HR mistakes and traps that employers can make and fall into.  The HR law team has put their heads together and here they are: 1.   ...

How can I avoid an employee 'crash' in our software company?

We are a medium sized IT company. One of our senior programme developers (Ned) has just resigned and is going to work for our main competitor. Ned has been with us for several years; he led the development of one of our software packages, which is currently...

Top tips on frequently used litigation terms

Litigation with wayward employees is always an unpleasant affair. If you have commenced the litigation against the employee, it will usually be because they have breached their confidentiality provisions or restrictive covenants, putting you at risk of...

The ties that bind? Top tips for drafting effective covenants

1. Start by identifying the interest or interest(s) which you are trying to protect. Is it the relationship which an employee has developed (or will develop) with your customers, the stability of your workforce or sensitive confidential information? 2. Once...

Are restrictive covenants and garden leave mutually exclusive?

TFS Derivatives Limited v Morgan Frequently, an employer will wish to prevent former employees from leaving to work for competitors by incorporating in their contracts both a non-compete covenant and provisions for “garden leave”. This case...