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FFW win restrictive covenant case for recruitment company

Nick Thorpe
10/01/2014
The High Court has confirmed that a recruitment company specialising in the educational sector was entitled to an injunction and damages in respect of a former employee's breaches of 6 month

The High Court has confirmed that a recruitment company specialising in the educational sector was entitled to an injunction and damages in respect of a former employee's breaches of 6 month non-solicitation and non-dealing post termination covenants in her employment contract. The former employee's new employer was also found to have induced the breaches of her restrictive covenants and was therefore liable, jointly and severally with the former employee, to pay compensatory damages and costs.   


The successful claimant agency was represented in the High Court by Adam Solomon of Littleton Chambers, who was instructed by FFW. Many will recall that Adam also co-hosted our restrictive covenant workshop with Richard Kenyon and Jonathan Ray-Smith (who acted on the case) in July.


The case raised a number of interesting issues concerning the validity of such covenants, including whether the increased use of social media and the internet (particularly in the recruitment context) meant that employers in the recruitment sector no longer had any protectable business connections in relation to their clients and candidates. For more information about this case, and on the drafting and enforceability of post-termination restrictions, please do not hesitate to contact any member of the team.

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