Employment

Employment

Expertise here covers a range of areas in the employment sphere including breach of restrictive covenants; breach of confidence; data protection; remuneration, bonuses and pensions; director’s duties; restraint of trade; team moves; notice and termination issues; and partnerships.

Recent cases have included Societe Generale, London Branch v Geys before the Supreme Court,in proceedings arising out of the termination of the employment of Mr Geys, the former MD, European Fixed Income Sales of the Respondent Bank and his entitlement to a substantial bonus and contractual replacement bonus.

Counsel from One Essex Court also appeared for the successful claimant in Tullet Prebon plc & Ors. v BGC Brokers L.C. & Ors., a case relating to inter dealer brokers, which concerns an unlawful conspiracy by a competitor and its executives to induce employees of the claimant to leave the claimant's employment in breach of their contracts of employment based on an "early exit strategy" that involved the assertion of sham constructive dismissal claims, the enforcement of garden leave provisions against those employees and the grant of a "no poach" injunction against the competitor.

The judgment also addresses issues such as the enforceability of contractual provisions requiring the giving of notice to an employer in the event of an approach by a competitor in the light of doctrine of restraint of trade and the repayment of bonuses and other contractual remuneration in the event of an employer leaving employment in breach of contract in the light of the doctrines of restraint of trade and penalty.

Several teams of barristers at One Essex Court are also presently engaged in relation to claims by groups of construction workers that they were allegedly ‘blacklisted’ by construction companies, following the discovery of a list by the Information Commissioner in 2009.

Barristers here are also engaged for Marathon Asset Management which is suing a group of former employees over allegations they conspired to cause loss to its business during the time of their resignations.