Sunday, 29 April 2012
Distinction between trade secret and skill and competence in case of employer and employee
Legal propositions affecting restrictive covenants in an employment contract:-
1. The court will never uphold a covenant taken by an employer merely to protect himself from competition by a former employee.
2. There must be some subject matter which an employer can legitimately protect by a restrictive covenant. As was said by Lord Wilberforce in Stenhouse Limited -v- Phillips [1974] AC 391 at page 400 E (cited by Slade LJ in the Office Angels case supra):
