Employment News — 7 April 2014: High Court to the rescue. Restrictive covenant is re-written to make it work

The applicant employer in Prophet plc v Huggett sold specialist computer software for use in the fresh-produce industry. The defendant was employed by Prophet as its most senior sales manager. When he moved to a competitor, his employer tried to enforce a post-termination restriction in his contract that purported to prevent him from competing with, or working for a competitor of, Prophet either during or for 12 months after leaving employment. The restrictive covenant ended by stating: ‘provided that this restriction shall only operate to prevent the employee from being so engaged, employed, concerned or interested in any area and in connection with any products in, or on, which he/she was involved while employed hereunder’…

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