Post-Termination Restrictions - Consideration Reconsidered?

It had been generally accepted that an employer who wished to introduce post-termination restrictions after an employee has commenced employment would have to provide a tangible benefit (e.g. a pay rise). This principle, however, has been cast into doubt after two High Court decisions in June 2016 which appear to go against the grain of previous case law.

The first of the cases was Pickwell & Nicholls v Pro Cam CP Ltd, as discussed in 'Doing a deal – introducing enforceable post-termination restrictions', which took the view that providing employees with the opportunity to progress in their careers through continued employment and access to clients was sufficient to achieve a binding agreement.