The Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) imposes duties on employers who are proposing to dismiss at least 20 employees as redundant at one establishment within 90 days or less. One such duty is to notify the Secretary of State at least 30 days before the first of those dismissals
Ben Wright
Restrictive covenants – severance of words with “fantastical” consequences and the impact of delay in issuing proceedings
By Ben Wright on
In the recent case of Boydell v NZP Ltd and others [2023] EWCA Civ 373 the Court of Appeal considered two key issues in relation to a non-compete clause: First with regard to severance: whether the High Court’s decision to sever words from a non-compete clause went beyond the principles set out by the Supreme…
Enforcing employee restraints of trade in the UK
By Ben Wright on
Background
The relevant English law relating to post-termination of employment restrictions (PTRs) arises from case law around the doctrine of restraint of trade, rather than statute.
The basic starting point is that PTRs are void on the basis that they amount to unlawful restraints on trade. English courts will however enforce a restriction…