Tullett Prebon Plc v BGC Brokers LP [2010] EWHC 484 (QB); [2011] EWCA Civ 131 – Law Journals

Restrictive Covenants: The employer strikes back

David von Hagen and Louise Lawrence of Winckworth Sherwood discuss recent decisions on restrictive covenants and their implications ‘Employers might feel safer investing substantial sums in injuncting employees who have joined, or who are thinking of joining, the competition.’ A series of recent High Court decisions about the interpretation and enforceability of restrictive covenants and …

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Post-Termination Restrictions: A year in the garden

Gary Freer considers a recent High Court ruling on whether a 12-month garden leave clause was reasonable ‘The employer needs a reasonable period in which to establish a relationship between the new investment manager and the clients. Some factors, such as personal chemistry, are immediate. However others, such as demonstrating integrity, reliability and good performance, …

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Restrictive Covenants: Dos and don’ts to protect an employer’s interests

Jonathan Fenn and Clare Fletcher explore the importance of tailoring restrictive covenants to ensure employers maximise their chances of safeguarding confidential information and preventing competitive activities ‘The best covenants are tailor-made to the individual circumstances of both employer and employee.’ Employees gain an in-depth knowledge of their employer’s business, including key customers, suppliers, technology, trade …

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Restraint Of Trade: Payback time

Michelle Last and Nicholas Robertson contemplate a recent High Court ruling on whether the deterrent effect of a repayment provision was so great that it prevented an employee from leaving the company It is logical that the greater the value of the potential repayment, the more likely it could be deemed to be a strong …

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Pay In Lieu Of Notice: Discovery of misconduct after dismissal

David Ashmore considers the impact of a recent Court of Appeal decision on the Boston Deep Sea Fishing principle ‘Cavenagh concerns whether Boston Deep Sea Fishing can come to the aid of an employer defending a debt claim brought by an employee for an unpaid payment in lieu of notice (PILON).’ In defending a claim …

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Misconduct: Coming clean

Andrew Taggart and Sarah Hitchins consider the circumstances in which employees of varying seniority may be obliged to reveal their own wrongdoing ‘When considering whether an employee owed a duty to disclose their own wrongdoing, a court is likely to look at their terms and conditions of employment. Some employees (even those who do not …

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Team Moves: Appeal court takes aim at poachers

The risks of seeking to recruit a whole team of staff from a rival employer before their employment ends have been highlighted by a recent ruling, explains Christine Young ‘Poachers (and, in fact, any new employer) will need to think about how they treat a new hire even before employment commences, given that they may …

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