‘There are numerous important lessons to be learned from the judgment in Tenon FM Limited v Cawley which was handed down orally on Wednesday 25th July 2018 by HHJ Bidder QC sitting as a Judge of the High Court but the main ones are:
1. Do not underestimate the difficulty of persuading a Court, even at the interim stage, to enforce restrictive covenants in a contract which the employee has not signed;
2. Where an employer is seeking to enforce restrictive covenants which it has introduced after the commencement of the employment, make sure its evidence in support sets out the consideration that was provided in respect of the same; and
3. Absent any real urgency, give the employee a genuine opportunity to respond to the employer’s concerns before issuing proceedings.’
Littleton Chambers, 26th July 2018
Source: www.littletonchambers.com
