Written under the general editorship of two specialist employment law practitioners, with contributions from their respective Chambers and Law Firm, Employment Covenants and Confidential Information: Law, Practice and Technique, Fourth Edition provides a comprehensive yet highly practical analysis of the law and practice in this area of employment disputes, setting out appropriate strategies from both the employer's and employee's perspective.
The book focuses on how to prevent competitive activity by an employee or former employee and what to do when it happens. Clear guidance is given on drafting to minimise the risk of competitive activity, what activities an employee or ex-employee may and may not undertake and the remedies available where competitive activity occurs.
This expanded edition includes up-to-date coverage of:
Case law relevant to the drafting and interpretation of employment covenants Current trends regarding enforcement of employment covenants and duties of confidentiality Developments in the law on fiduciary duties and the interrelationship with duties of fidelity Fresh perspectives on garden leave, springboard injunctions and team moves Remedies available against the (ex-)employee and third party competitors Disputes with a foreign law element: conflict of laws, exclusive jurisdiction clauses, choice of law and anti-suit injunctions
Employment Covenants and Confidential Information, Fourth Edition is essential reading for all employment law practitioners, HR professionals and company directors responsible for drafting and enforcing employment contracts. Through the use of checklists, flowcharts, precedents and case studies it translates theory into practice.
Read an extract of Employment Covenants and Confidential Information: Law, Practice and Technique
Table of Contents
Chapter 1 Aim and synopsis of the book Chapter 2 The employment relationship Chapter 3 The implied duty of fidelity Chapter 4 Employee fiduciary duties Chapter 5 Express terms of the contract of employment Chapter 6 Confidential information Chapter 7 Database rights Chapter 8 Practical steps to protect the employer's interests during employment Chapter 9 Termination of employment Chapter 10 Legitimate protection for the ex-employer Chapter 11 Reasonableness of express covenants Chapter 12 Drafting restrictive covenants Chapter 13 Introducing/varying restrictive covenants Chapter 14 Interim remedies: general Chapter 15 Specific interim remedies Chapter 16 Final remedies Chapter 17 International elements Chapter 18 Discovering competitive activity: the immediate practical issues Chapter 19 Team moves Index