Podcast Location:
Download it here [file size: 28.1 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast addresses some of the common mechanisms (contractual and non-contractual) used to protect employers from an employee leaving and seeking to compete with them such as garden leave, non-compete clauses, restrictive covenants fiduciary duties and confidentiality agreements and examines some of the limitations of each. The latter half of the podcast looks at some interesting recent case law on the area and how the principles in the cases might be applied in the future.

Outcomes:
After completing the course you will:
  • Understand the role of contractual and non-contractual mechanisms to protect against employee competition;
  • Be aware of the potential limitations of several of those mechanisms;
  • Be aware of recent authorities on employee competition issues;
  • Understand approach of the courts to measures in restraint of trade;
  • Be aware of the different approaches taken by different industries to employee confidentiality;
  • Be aware of the approach to reasonableness and enforceability of measures leading to restraint of trade;
  • Understand the approach to the scope of an interim injunction to disclose a breach of covenant;
  • Be aware of the circumstances when an employee may have a right to work;
  • Understand the relationship between constructive dismissal, garden leave and post employment covenants;
  • Know when an employee will be ‘competing’ with their old employer in a highly specialist market.
Level:
Complex Difficulty: 4 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Herbert Morris Ltd v Saxelby [1916] AC 688, HL;
  • Nottingham University v Fishel & Anor [2000] EWHC 221 (QB);
  • Office Angels Ltd v Rainer-Thomas and O’Connor [1991] IRLR 214;
  • TFS Derivatives v Morgan [2005] IRLR 246;
  • Tullett Prebon plc v BGC Brokers [2009] EWHC 819;
  • RDF Media Group plc and another v Clements [2007] EWHC 2892 (QB);
  • General Billposting Co Ltd v Atkinson [1909] AC 118;
  • Standard Life Healthcare v Gorman [2009] All ER (D) 105 (CA);
  • William Hill v Tucker [1999] ICR 291;
  • SG&R Valuation Service Co v Boudrais [2008] IRLR 770;
  • Phoenix Partners Group LLP v ASOYAG [2010] EWHC 846 (QB);
  • Associated Foreign Exchange Ltd v International Foreign Exchange (UK) Ltd [2010] EWHC 1178;
  • AON Ltd v JLT Reinsurance Brokers Ltd and others [2009] EWHC 3448 (QB).
Tags:

This podcast is about the doctrine of the restraint of trade. It focuses on a problem experienced by employers where employees leave taking with them skills and contacts that could pose a threat to the continuing business of the employer.

Podcast last reviewed: 2012-04-02

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