Home >
Law >
Employment / Labour Law >
Restraining Competition by Employees – A Practical Guide to Restrictive Covenants, Injunctions and Other Remedies

Restraining Competition by Employees – A Practical Guide to Restrictive Covenants, Injunctions and Other Remedies

Author: Peter Linstead
Publisher: Law Brief Publishing
ISBN: 9781912687381
Published In: October 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 839.86

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Preventing a former employee from using his or her skills and knowledge to make a living, even if those skills have been taught by the former employer, is an unlawful restraint of trade. The law permits interference with the employee’s freedom in this area only to the very limited extent necessary to protect an employer’s legitimate interest. Nevertheless, the law will provide a remedy if the employee has committed or threatens to commit an unlawful act (usually a breach of contract or a breach of confidence).

The purpose of this book is to explain, in a concise and understandable format, the ways in which the law provides a remedy in this situation. It is also a step-by-step guide to the relevant procedure. The intention is to focus on the most common issues that arise in these cases, the main forms of remedy and the most important recent cases rather than to provide an exhaustive catalogue of this area of law, which can be found in other publications. It is aimed at solicitors and barristers who seek a better understanding of this area and who may need to take a client’s claim through the courts, but also at lay people.

1. Introduction

2. Issues During Employment

3. What to Do After the Employee Has Left

4. The Decision Whether or Not to Go for an Injunction

5. How to Lodge the Application in Court and the Interlocutory Hearing Process

6. What Happens at the Interlocutory Hearing?

7. Using the Court Process to Find Out What the Ex-Employee Has Done

8. Things That Can Go Wrong – Indemnity Costs and Committal

9. Confidential Information – How Is It Defined and How Can It Be Protected?

10. What to Do if There Are No Contractual Restraints on Soliciting and Competing

11. Drafting, Interpreting and Enforcing Express Restrictions – Solicitation, Competition and Confidential Information

12. Damages