Category Archives: Notice & Restrictions

What is an ‘Interest in’? Victory for employers as Supreme Court rules in landmark competition case

Post-termination Restrictions The Supreme Court has upheld a non-compete restriction in the first employment competition case to have reached the highest court in over a century. In a historic decision, five Supreme Court justices unanimously concluded that an injunction should be restored, setting aside an order by the Court of Appeal. Background The case is […]

What do you do if an employee fails to give notice?

What can you do if an employee leaves without giving their required notice?  The starting point when considering the answer to this question is what is the required notice period that the employee is required to give? If an employee has a contract of employment then it is normal for the notice period to be […]

When does Gross Negligence amount to Gross Misconduct?

Dismissal without notice In this case the Court of Appeal have analysed what constitutes gross misconduct and whether a finding of gross negligence will also be gross misconduct. The Law In order to dismiss an employee without giving notice the employer must be satisfied that the employee has done something which could be classed as […]

Can I stop an employee leaving without notice?

  Protecting your business from departing Employees In a recent case the Court of Appeal had to decide the question of whether an employer can obtain an injunction to enforce an employee’s duty of loyalty when the employee refused to work out the length of their contract and notice. The Law Employment contracts between employers […]

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