Therefore, if a restrictive pact appears in an agreement limiting competition, there are four possible outcomes: if you are concerned that your plans to start your business will be contrary to the non-compete contract, you should seek technical legal advice to ensure that you understand the potential risks. It`s best to get an advisor before you quit or invest in your new business. Competition bans are contrary to this public policy objective. Subsequently, competition bans are analysed on the basis of their broad anti-competitive effect, for example. B: In most cases, it is difficult for an employer to demonstrate that a contract that would prevent you from working with a competitor up to 12 months after your departure is appropriate. However, it still depends on the nature of your employer`s business, your position in the business, the geographical restrictions and also the legitimate business interest that your employer is trying to protect. In some cases, a 12-month non-competition clause is appropriate. After being promoted in 2017 to the joint global head of the financial services practice of Egon Zehnder, the applicant separated from the company and announced its intention to work with a competitor. Id. to . The company sought an injunction to enforce the non-competition obligation.
Id. to . The applicant submitted that the non-competition prohibitions exceeded the need for the company to protect its legitimate property interests, as the words „or interested“ would prevent it from holding even a minority interest in a competitor`s business. Id. to . The company, for its part, argued that, even though the term is illegal, the court must separate it to save the prohibition on non-competition. We considered the general requirements for the applicability of a restriction of competition as a matter of British labour law. Please note that all restrictive agreements after termination are, under English law, that they are null and void as an illegal trade restriction as a matter of public order.
However, the English courts have recognized the applicability of such restrictions and the general rule is that they are generally enforceable as long as they do not go beyond what is reasonably necessary to protect a legitimate interest. Strict restriction of competition is the most painful type of restrictive agreements after the end. It is enforceable only if a non-negotiation or non-invitation clause does not work to protect the relevant interests. That would be the case, for example. B, when it is not about the customer`s connection, but confidential information. Please also note that it can never be guaranteed that a particular restriction is enforceable, as it is a decision for a court that is asked to decide such an issue.