Tag archives: non-compete clause

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

Photo of Ben WrightBy Ben Wright on 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

The severe sanction applicable to provisions entitling employers to waive a non-compete clause at any time

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
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 … Continue reading

Are your restraint of trade provisions enforceable in France?

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
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: it can be shown that the inclusion of the restriction protects a legitimate business interest; and … Continue reading

Non-compete obligation: financial compensation does not vary depending on the type of termination

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
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 … Continue reading

Non-compete obligation: the contractual time limit for waiver may not apply in certain circumstances

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
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, … Continue reading

Does the creation of a competing company by employees constitute unfair competition ?

Photo of Judicaël FouquetBy Judicaël Fouquet on Posted in Europe, France
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 … Continue reading
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