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Tribunal Monkey

Employment and partnership law

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restrictive covenants

The Civil Servant and the F1 engineer

For how long can employers stop ex-employees joining rivals?

Around the time as the Government was proposing limiting non-competition restrictions in employment contracts to three months, the head of the civil service tried to block Sue Gray from joining Labour as Kier Starmer’s chief of staff for two years. Some commentators referred to this as two years’ “garden leave”, which brought to mind my own experience of litigating how long Formula One teams could hold employees to lengthy fixed-term contracts. What is going on and how long can employers keep employees away from their rivals?

Continue reading “The Civil Servant and the F1 engineer”
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Tell us who you’ve been talking to…

If your employment contract said you had to tell your employer if you were approached by a competitor, would you? Of course not! (Except, perhaps, as a tactical move to prompt a counter-offer). Such a provision couldn’t possibly be enforceable could it? It couldn’t lead to an injunction, could it? Could it?… Continue reading “Tell us who you’ve been talking to…”

Competing against your ex-partners – A bridge too far?

It is time to take a stand against the orthodoxy that partnerships (including LLPs) are able to enforce wide-ranging and lengthy post-termination restrictions against departing partners.  It is time to say that the leading authority of Bridge v Deacons is out of date and no longer good law. Continue reading “Competing against your ex-partners – A bridge too far?”

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