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26 June 2013 0 Comments
Posted in Employment, Opinion

Non-competition clause not breached where work moved with employee

Author headshot image Posted by , Partner

In Threlfall v ECD Incite Limited and another the High Court has held that an employee did not breach the non-compete clause in his Contract of Employment when, on leaving his employer, he undertook “event moderation” work, which was work he had undertaken whilst with the employer. This activity was performed exclusively by him for his former employer and was work which the former employer had not undertaken prior to the individual joining. Neither was it carried on once the individual had left. Accordingly the employee was held not be competing with his former employer by doing this work after termination because he was doing work which the employer had not done previously and would not carry on doing after he left.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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