Ask the Expert
My employer has dismissed me can they still enforce the restrictive covenant in my contract?
So, as an example, if an employer terminates an employee’s employment with immediate effect and makes a payment in lieu of their notice period withou…
Can your previous employer enforce the restrictive covenant in the contract?
The law relating to these restrictive covenants is extremely complex. And there are a number of issues which need to be considered when deciding if y…
What are post-termination restrictions?
Post-termination restrictive covenants are contractual clauses which may be contained within an employee’s contract of employment.
Are restrictive covenants enforceable?
Employers often choose to include some form of restrictions within the employment contracts they issue to employees and those employees.
What is a non-solicitation clause?
A non-solicitation clause in an employment contract is and agreement in which an employee agrees not to solicit a company’s clients or customers, for…
How long can restrictive covenants be enforceable?
A restrictive covenant is a clause which restricts the post-termination activity of any employees once they have left the business, affecting many is…
Are restrictive covenants enforceable and legal?
So to be legal and enforceable it has to be reasonable in the circumstances and it has to protect the legitimate business interest of the company.
What are the different types of restrictive covenants?
The standard types of restrictions which can be used by employers are...
What is a restrictive covenant?
Restrictive covenants tend to be in most employment law contracts in one form or another and every business has information that it will consider bot…
Discrimination arising out of a disability, is this something difficult to prove or establish?
It really just depends on the facts and sometimes it's so obvious that everyone agrees and accepts it and you just argue about the justification but…
Discrimination arising out of a disability, do you need a comparator?
Do you need to have a comparator in cases like these?
Can unfavourable treatment be justified?
Discrimination for something arising out of or as a consequence of a disability?
