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
In the UK, a post termination restrictive covenant will be void for being in restraint of trade unless the employer has a legitimate business interest to protect and the protection sought is no more than is reasonable to protect that interest. The interests which can be protected are clients, staff, and confidential information. One type
French law allows an employer to subject an employee to a non-compete obligation after the termination of his/her employment under certain conditions. However, in practice, an employer may realize at the time of the termination that an employee will actually not be in a position to constitute a threat to its interests even if he/she
In France the rules governing restraint of trade provisions in the context of an employment relationship have been established through case law. Generally speaking, restrictive covenants in an employment contract will only be considered enforceable by French courts if:
The law
Under French employment law, it is possible for an employer to subject the employee to a non-compete obligation after the termination of his/her employment as long as such obligation is necessary to protect the legitimate interests of the business, is limited in terms of time and geographical scope and takes into account the
The legal context
It is quite common for employers to include in an employment contract the possibility of unilateral waiver of the application of a non-compete obligation at the end of the employment relationship. French case law does permit such flexibility but only provided that (i) such waiver is expressly stipulated in the employment contract
The legal background
French case law has always considered that both employer and employee are under an implied duty of loyalty which pervades the entire employment relationship. It follows from this general obligation of loyalty that the employee is required to serve his/her employer’s interest. As a result, the employee is subject to the obligation
The legal context
In the context of intra-group mobility, it is common practice to transfer an employment contract from one company to another one within the same group. Usually, this transfer consists in the termination by mutual agreement between the employee and his/her initial employer followed by the conclusion of a new employment agreement with