Anthony Robinson Solicitors

Archive for August, 2012

How far will the courts enforce restrictive covenants?

Monday, August 20th, 2012

Many people wonder whether there’s really anything an employer can do if a former employee starts taking away its clients. A recent case in the High Court (Safetynet Security Ltd v Coppage), has again emphasised that the Court is quite willing to enforce clauses restraining employees from poaching clients, even where the clause isn’t expressly limited to clients known to the employee.

This was something of a surprising decision, not because it’s unusual for the Courts to enforce such clauses but because such clauses must be no wider than reasonably necessary to protect the business interests of the employer, and arguably this was not so here.

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What are an employee’s rights if they fall sick on holiday?

Tuesday, August 7th, 2012

It may come as a surprise to some employers that if an employee falls ill during their holiday leave, they are entitled to take the days they were sick as holiday later in the year. This has been confirmed in a recent case in the European Courts which itself followed a previous ruling that an employee off sick could choose not to take pre-arranged holiday but then once recovered take it upon return to work.

The principle behind the cases (known as ANGED and Pereda) is that paid annual leave should enable a worker to enjoy a period of relaxation and leisure whilst sick leave should enable a worker to recover from an illness.

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