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  • Home
  • About EML
    • Meet the Team
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    • HR Consultancy Services
      • Disciplinary and Grievance Investigations
    • Employment Law
    • Employment Tribunal Representation and Insurance
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    • Non-Core Services
      • Employee Assistance Programme
      • Employee Wellbeing Programmes
        • Wellbeing Retreat Days
      • HR Management Software Solution
      • Mediation Services
      • Employee Outplacement Services
      • Personality Profiling Analysis
  • Resources
    • Blogs & Articles
    • Factsheets & FAQ’S
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  • Training
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employment law

Reasonable restrictive covenants deemed enforceable

In Croesus Financial Services v Bradshaw Restrictive, the High Court held that covenants prohibiting an ex-employee from soliciting or dealing with his former employer’s customers for a year post-termination were not an unreasonable restraint of trade.

On the facts, the Court was satisfied that the 12-month non-solicitation and non-dealing covenants did not extend any further than was reasonably necessary in order to protect the employer’s business.

The Defendants argued that the restrictions were excessive and therefore unenforceable because they applied to all clients with whom Mr Bradshaw had any “personal contact in the course of [his] duties” in the two years before his employment ended. The Court rejected that submission and made the point that the wording only applied to clients whom Mr Bradshaw had personally engaged in more than trivial business contact.

Regarding the length of the covenants, the Court commented that 12-month provisions appeared to be standard within that sector. Furthermore, the evidence relating to the strength of relationships between independent financial advisers and their clients supported the Company’s argument that the duration of the restriction was reasonable. The Court also acknowledged that a substantial period of time was required to establish relationships between the ex-employee’s clients and their new advisers, and that this process could not be rushed.

At Employee Management Ltd, our HR support consultants provide commercially minded employment law advice and bespoke HR services that can actively reduce your organisation’s exposure to litigation. We also offer a comprehensive employment tribunal representation service through which we can handle any claims you do receive. If you are an employer facing potential disciplinary issues which could result in dismissal, please feel free to contact us for a confidential, no-obligation discussion.

  • eml
  • December 3, 2013
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