Welcome to The Work Couch, RPC's recently launched podcast that covers everything employment.
Following last week's announcement by the government of its plans to limit the extent of non-compete post-termination restrictions, we take a look at the proposals as well as how the current law protects businesses when a senior executive leaves.
Patrick Brodie, partner and head of RPC's employment, equality and engagement team, explains how restrictive covenants work in practice, including:
- An overview of the restraint of trade doctrine and how the approach by UK courts has evolved over time;
- Whether restrictive covenants should still exist in today's economy;
- How other countries approach restraints of trade;
- The various types of post-termination restriction and how they operate;
- How long restrictive covenants can remain effective;
- Enforceability and associated tactics;
- "Blue pencilling", which refers to the deletion of words to make a restriction enforceable, and the Supreme Court's ground-breaking decision in Tillman v Egon Zehnder; and
- How to manage the departure of a senior executive, where there is a potential breach of a post-termination restriction.
* Please note these podcasts will not run on Internet Explorer
All information is correct at the time of recording. The Work Couch is not a substitute for legal advice. Opinions expressed by the speakers are their own and do not necessarily represent the views or opinions of RPC.
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