The courts should not too readily construe restrictive covenants, ex facie too wide, as being subject to implicit limitations since: ‘Thus would be perpetuated the long-recognised vice of ex-employees being left subject to apparently excessive restraints and yet quite unable, short of expensive litigation and at peril of substantial damages claims, to determine precisely what their rights may be.’
Citations:
[1993] IRLR 172
Jurisdiction:
England and Wales
Cited by:
Cited – Rock Refrigeration Limited v Jones and Seward Refrigeration Limited CA 10-Oct-1996
The claimant sought to enforce a post employment restrictive covenant given by the defendant. The defendant replied that the clause was too widely framed and was unreasonable since it applied to a temination of his contract ‘howsoever occasioned’. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 12 April 2022; Ref: scu.276822
