UK: court ruling on non-compete, repudiatory breach, job notification clause and disclosure obligations

The High Court has enforced a six month notice/garden leave period and a six month post-termination non-compete covenant against a senior broker, rejecting his claims that the employer had committed various repudiatory breaches releasing him from those provisions. The broker alleged that instances of unacceptable behaviour, a failure to deal with his complaints about these, … Read more

UK: dismissal for pay disclosure unfair where no express duty of confidentiality

Employers wishing to ensure employees keep salary information confidential should ensure that it is included expressly within a contractual confidentiality obligation.  Disciplinary policies should also make clear that external (or internal, if appropriate) disclosure without the employer’s permission is misconduct. The EAT in Jagex Ltd v McCambridge confirmed that a duty to keep pay information … Read more

Asia Employment, Pensions and Incentives Update September 2019

This month our update looks at: changes to the minimum wage requirements in India which starts to simplify the complex wage provisions, and guarantees minimum wage payments to all employees; in Singapore the case of Pradeepto Kumar Biswas v East India Capital Management Pte Ltd  confirms the position that employment relationships can be implied based … Read more

UK: Government consultation on regulation of confidentiality clauses in settlement agreements and employment contracts

Further to its response to the Women and Equalities Select Committee report last December (see here), the Government is consulting until 29 April 2019 on proposals to regulate confidentiality clauses (commonly referred to as “NDAs” or non-disclosure agreements) in employment contracts and settlement agreements.  The Government has rejected calls to ban the use of such … Read more

UK: interim injunction prevents workplace culture disclosures to media

The appropriate use of confidentiality agreements in the employment context has come under a lot of scrutiny given the #MeToo campaign; a recent case illustrates how the courts may approach the issue of enforceability. In Linklaters LLP v Mellish, Linklaters was granted a temporary injunction to restrain the defendant, its ex-global director of business development, from … Read more