In their ruling, the High Court determined that the restrictive covenants in question constituted an invalid restraint of trade and were therefore unenforceable. One of the central issues in the ruling was the fact that the employer had failed to demonstrate to the High Court that the nine month non-competition clause was no wider than was reasonably necessary for the protection of their legitimate business interests.
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Latest Employment law articles
The UK Government has now extended the Scheme for a further month, until the end of April 2021.
The Department for Business, Energy & Industrial Strategy (BEIS for short) has given notice that it is seeking views on proposed changes to the operation of post-termination clauses in contracts of employment (more commonly referred to as "restrictive covenants" or "non-compete clauses"). The prospect that the creation of business initiatives (and employment opportunities) may be undermined by the introduction of restrictions on covenants will be a matter many business owners and managers will wish to consider carefully.
With it now being less than one month until the expiry of the Brexit transition period (ending at 11pm on 31 December 2020), it is more important than ever for employers to consider the practical changes that will come into effect for employing workers from overseas come 1 January 2021 and how these changes will impact their business and their employment practices.
Following the Scheme being extended until the end of March 2021, several small changes have been made to the sets of guidance made available to the public by the UK government. One of the most recent changes (published on 1 December 2020), which details the operation of holiday pay in connection with the Scheme, should be carefully considered by employers who are currently using, or looking to make use of the Scheme – especially those employers looking to use the Scheme over the festive period.