T Lucas and Co Ltd v Mitchell: CA 1974

The claimant, which manufactured foodstuffs, employed the defendant as a salesman in Manchester. His post-employment covenant was not to deal in goods similar to those manufactured by the claimant nor to solicit orders from, nor to supply, any of its recent customers. Following termination of his employment, he solicited orders from a number of its recent customers.
Held: The claimant’s legitimate interests justified the covenants against solicitation and supply but that the covenant against dealing was unreasonable. However the latter should be removed following severance and the former enforced. The latter could be removed ‘without altering the nature of the contract’ and that its removal would not confer on the former ‘a meaning and effect different in kind and extent’.


Russell LJ


[1974] 1 Ch 129


England and Wales

Cited by:

CitedTillman v Egon Zehnder Ltd SC 3-Jul-2019
The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. The court particularly considered the severability of a section . .
Lists of cited by and citing cases may be incomplete.


Updated: 16 April 2022; Ref: scu.675715