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

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.