TUPE and Restrictive Covenants - Update from Dr John McMullen October 2020
Posted in : TUPE Updates on 23 October 2020
Dr John McMullen
Spencer West LLP
In the recent England and Wales High Court case of P14 Medical Ltd v Mahon [2020] EWHC 1823 Cavanagh J has expressed the view that it is beyond doubt that a restrictive covenant in a transferring employee’s employment contract can transfer under TUPE.
In this case a TUPE transfer occurred. Mr Mahon was a transferring employee. After the transfer, Mr Mahon resigned from the transferee, P14 Medical, to join a competitor of the business. But Mr Mahon’s transferred employment contract had restrictions which forbade that. Could P14 Medical sue to enforce those restrictions?
In principle, yes, said Cavanagh J. As the effect of TUPE is that the contracts of employment of all employees in the part
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Transfer of Undertakings (TUPE)
- Sean Pong Tyres v Moore [2024]
- What are the Differences for Employers to be Aware of Regarding TUPE Transfers in NI and the Rest of the United Kingdom?
- Post Brexit- Employment Law Changes
- TUPE Update August 2021 – Debts Upon Transfer and Identity of Employer
- Variations in Terms and Conditions Following the Transfer of an Undertaking
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
Dr John McMullen
Spencer West LLP
The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email drjohn.mcmullen@spencer-west.com
View all articles by Dr John McMullen