TUPE and Restrictive Covenants - Update from Dr John McMullen October 2020Posted in : TUPE Updates on 23 October 2020
In the recent England and Wales High Court case of P14 Medical Ltd v Mahon  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
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