competition Archives - Goldenleaver
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The answer should be 'No', but in the case of Prophet v Huggett, the court did exactly that. This is a case where the enforceability of a non-competition restriction was challenged because of a mistake in the drafting.  The employer produced its own bespoke software and the restriction stopped the employee from working with a competitor "in connection with any products in, or on, which he/she was involved whilst employed".   As no competitor could sell the employer's own software, the non-compete...

I am often asked by senior executives to explain how the law allows an ex-employer to stop them approaching or dealing with clients they have known for many years, or, in some cases, from working within the same sector at all.   To make matters worse, they are not even paid for some of the period they are kept out the market. Surely it is a restraint on trade, and unenforceable? The answer is that well drawn garden leave clauses and post-termination restrictive...