Be Reasonable: The Enforceability of Post-termination Restrictive Covenants

Be Reasonable: The Enforceability of Post-termination Restrictive Covenants

The impact on working arrangements caused by the pandemic has led many workers to re-evaluate what they want from a job, with considerations such as flexible and remote working becoming both more desirable and attainable. This is affecting businesses in all sectors, and the impact it can have is not only on a business’s workforce but also on its customer base that is far reaching.

One of the most important things to consider when a worker leaves a business is restrictive covenants. These are often contained in the employee’s employment contract, service agreement or, in some circumstances, a shareholders agreement.

Case Update: Dwyer v Fredbar in the Court of Appeal

Case Update: Dwyer v Fredbar in the Court of Appeal

In our previous article about post-termination restrictive covenants we discussed the High Court case of Dwyer (UK Franchising) Limited v Fredbar Limited [2021] EWHC 1218 as an example of covenants being found unreasonable and therefore unenforceable. Since then, the Claimant has appealed the judgment and the Court of Appeal has once again found in favor of the Defendant. So what does this mean for those trying to enforce, or avoid, restrictive covenants?

The Facts

The facts of the case are set out in our previous article (link above). However, in short, the Claimant (Dwyer) is the franchisor of ‘Drain Doctor’,

Upcoming Webinar: 2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues

Upcoming Webinar: 2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues

Please join us on Thursday, October 13 at 12PM EDT for 2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues.

Join Allen Kacenjar, Lianne Mantione and Anita Lloyd for the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC).

In this session, we will provide an overview of the rapidly evolving landscape related to per- and polyfluoroalkyl substances (PFAS), including proposed listing of perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) as hazardous substances under the Comprehensive Environmental Response, Compensation , and the Liability Act (CERCLA), regulation under