Restrictions Archives - Goldenleaver
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The government is set to ban the use of exclusivity clauses in zero hours contracts. Do you have strong views about zero hours contracts?  A lot of people do. The government launched a consultation on their use (or misuse) in December 2013. By the time that consultation closed in March 2014, it had received over a record breaking 36,000 responses. Zero hours contracts are contracts under which an employer does not guarantee to provide any work and only pays the worker for...

Do the easy relationships and information available through social media limit an employer's ability to enforce restrictive covenants? The good news for employers is that a recent High Court decision says that they do not. The case relates to a recruitment agency which supplies teachers and is therefore of particular interest to the schools and recruitment agencies we represent, but the case has much broader application. The judge held that non-solicitation (i.e. not poaching customers or staff) and non-dealing (i.e. not having...

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...