Winckworth Sherwood

UK 200 2014 position: 81

Restrictive covenant in an undertaking

The employees’ contracts of employment with C contained restrictive covenants prohibiting them, for six months after the termination of their employment, from dealing with any existing customer of C, with which they had either business dealings or whose confidential or commercially sensitive information they had access to in the last six months of their employment.

During their employment, the employees worked on a credit card processing contract for C. In August 2013, C lost that contract to a competitor. The employees resigned from C on notice, joined the competitor, and resumed work on the same credit card processing contract.

In January 2014, C wrote to the employees asserting they were in breach of their restrictive covenants and asked for undertakings (written promises) from the employees to the effect that they would abide by their restrictive covenants, otherwise C would seek an injunction. After taking legal advice, the employees gave the undertakings so as to avoid the financial risk of legal proceedings…

Click on the link below to read the rest of the Winckworth Sherwood briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Winckworth Sherwood

View more briefings from Winckworth Sherwood

Overview

Minerva House
5 Montague Close
London
SE1 9BB
UK
http://www.wslaw.co.uk

Turnover (£m): 30.48
No. of lawyers: 117