PAT Systems v Neilly [2012] EWHC 2609

Posted In: Case Law
  • Legal Body
    England and Wales High Court (EWHC)
  • Type of Claim / Jurisdiction
Issues covered: Restrictive Covenants; Effect of Promotion

In June 2000, Mr Neilly began work as a salesperson for the claimant software company on a salary of £35k p.a. plus bonus. In July 2005, Mr Neilly was promoted to Director of Global Accounts (not a statutory directorship), starting at £80k p.a. plus bonus and extras. His total remuneration in the tax year 2011-2012 was £191,170. Mr Neilly‟s original contract of employment contained a restrictive covenant clause of 12 months after the end of his employment, during which he was not allowed to join a competitor. Upon his promotion, he agreed that his terms would be unchanged, save his job title, duties and remuneration. He signed an endorsement to the letter

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This article is correct at 12/10/2012

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