The latest decision of the High Court on employment contracts has prompted Gaby Hardwicke’s Head of Employment Law, Paul Maynard, to urge employers to have their key staff contracts reviewed as a matter of urgency.
He said: “The court has just ruled on the extent to which former employees can be restricted from poaching or dealing with customers and clients of their former employer. Although it’s helpful that the decision has provided some welcome guidance as to what restrictions will be upheld after an employee has left the business, the decision means that many restrictions are open to challenge. Business owners should have the contracts of their key staff checked in case this decision affects them.”
In a surprising part of the judgement the court also ruled in favour of ex-employees on the question of ownership of emails sent from the business, but the most important part of the decision that requires action is the part dealing with restrictions after the contract has ended.