4 ms·
This is where the U.K’s “try not to be a dick” approach to law wins out. A former employer has to show the court that they will suffer genuine damage if the cl
by neilwilson 5y ago
This is where the U.K’s “try not to be a dick” approach to law wins out.
A former employer has to show the court that they will suffer genuine damage if the clause is not enforced and even then the court won’t enforce it unless it is reasonable. The case law on that is pretty tight.
If you’re setting up in direct competition and trying to poach clients and staff the courts will favour the former employer. If you’re just moving to another job then courts will likely favour you.
The courts recognise that there is an imbalance of power between employer and employer in the job market. Although each case turns on the specifics the English concept of reasonableness runs through its resolution.