Picture the scene ... first thing on Monday morning, your top
Sales Manager tells you she has been offered a new job and hands in
her notice.
Your first thought - can I persuade her to stay? Your second
thought – is she going to a competitor and can I stop
her?
You can't stop her from leaving, provided she is complying
with her contractual notice period. You may be able to
restrict what she does next, if you included appropriate
post-termination restrictions in her contract of employment. You
need to find her contract quickly ...
The recent decision of the High Court in Bartholomews Agri
Food Ltd v Thornton is an important reminder as to how the law
views restrictive covenants. Attempts to place restrictions via
contracts of employment on post-termination activities will be
deemed unenforceable unless the restrictions are carefully drafted
and tailored to the particular circumstances.
