The plaintiffs sought to restrain their production manager from taking up employment with another company in breach of a one year notice provision. The other company was a rival of the plaintiffs. The plaintiffs undertook to continue paying the defendant’s salary, and were ready and willing for him to continue working for them.
Held: The injunction was granted.
Lawton LJ said: ‘the injunction must not force the defendant to work for the Plaintiffs and it must not reduce him, certainly, to a condition of starvation or to a condition of idleness, whatever that may mean on the authorities on this topic. But all that, in my judgement, is overcome by the fact that the Plaintiffs have made the offer they have. The Defendant can go back to work for them. If he elects not to go back (and it will be a matter entirely for his election: there will be nothing in the judgment which forces an election on him) he can receive his salary and full contractual benefits under his contract until such time as his notice would have expired had it been for the proper period.’
 EWCA Civ 9,  IRLR 64,  ICR 588
England and Wales
Cited – Dass Solicitors v Southcott ChD 2-Apr-2009
The claimant solicitors said that the defendant employed solicitor had sought to leave without giving the required three months’ notice and had sought to persuade clients of the firm to go to his new practice. Application was made on a without . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 January 2022; Ref: scu.262653