Ben Wright

The criminal offence of failing to comply with collective redundancy notification requirements; can an administrator be guilty?

By Ben Wright on November 9, 2023 Posted in Contracts, UK

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 takes effect … Continue reading

Restrictive covenants – severance of words with “fantastical” consequences and the impact of delay in issuing proceedings

By Ben Wright on April 26, 2023 Posted in UK

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 … Continue reading

Enforcing employee restraints of trade in the UK

By Ben Wright on January 26, 2016 Posted in Europe, UK

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 to the … Continue reading