Home Knowledge Employment & Benefits 12 Days of Christmas – Release of Employee from Post-Termination Restrictions

Employment & Benefits 12 Days of Christmas – Release of Employee from Post-Termination Restrictions

 

Welcome to day 8 of our 12 Days of Christmas series. Today we look at the effect of employer breach on post termination employment contract terms.

Watch out for the next edition of our “12 Days of Christmas” series tomorrow.

Employer Breach of Employment Contract May Release Employee from Post-Termination Restrictions 

In September 2018, the English High Court decided the case of Brown and others v Neon Management Services Ltd and another EWHC 2137 where the claimants successfully sought damages and declarations that they were wrongfully dismissed and so not bound by the post-termination restrictions in their employment contracts.  

The English High Court concluded that giving and working out notice of termination by an employee can be interpreted as an affirmation of the employment contract. The High Court went on to find that termination of the claimant’s employment based on unsubstantiated findings of wrongdoing, without any investigation, amounted to a wrongful dismissal and that the claimants were no longer bound by the post-termination restrictions set out in their employment contract. 

Read our full original article here.

 

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