Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Case roundup

by Personnel Today 5 Feb 2002
by Personnel Today 5 Feb 2002

This week’s case roundup

Two-year restrictive covenant excessive
Barry Allsuch & Co v Harris, High Court, IRLB 680

Harris was employed by Barry Allsuch estate agents from 1998 as a sales
manager in its Radlett and Elstree office. In October 2000 he was dismissed and
in February 2001, it was discovered he was working for a rival firm in the same
town.

His former contract of employment had contained a restrictive covenant to
the effect that he could not work in any estate agents in the Radlett area for
a period of two years. Barry Allsuch sought an injunction to restrain him from
continuing in his new post.

The Court accepted that Barry Allsuch relied on trade connections and it was
not necessary to prove they were exclusive or long-established. Covenants have
to protect legitimate business interests but should extend no further than is
reasonably necessary, otherwise they will be void for illegality.

Harris had been employed for two years and five months, albeit as a manager,
but only around 5 per cent of Barry Allsuch’s customers re-entered the housing
market within a two-year period.

The Court observed that non-competition covenants were imposed by other
estate agents for a maximum period of six months.

Although not conclusive, this was evidence of what is usual in the trade.
Taking all relevant factors into account, a restricted period of two years was
unreasonably long and the injunction was refused.

Ten weeks’ pay for failure to consult
Elkouil v Coney Island Limited, EAT, unreported December 2001

Elkouil was made redundant after his duties were gradually transferred
elsewhere. The tribunal found that he was genuinely redundant, but awarded him
two weeks’ pay for lack of consultation.

Elkouil appealed to the EAT on the basis that his employers were aware of
the risk of redundancy seven months in advance of the dismissal and should have
warned him.

The EAT rejected the argument that an employer has two separate duties,
first to warn and then consult. Warnings are part of the consultation process.

However, the tribunal allowed itself to be forced into a straightjacket by
what has become a conventional method of expressing compensation payable for
non-consultation in redundancy cases, namely two weeks’ pay. This was
inappropriate in Elkouil’s case.

Based on the specific facts, Coney Island had known at least 10 weeks in
advance that Elkouil would be made redundant and he thereby lost the chance of
looking for alternative employment during that period. The EAT substituted an
award of 10 weeks’ pay.

Avatar
Personnel Today

previous post
SWT accuses RMT of ‘cynical disregard’ of passengers
next post
Compulsory arbitration is needed says SWT

You may also like

Five steps for organisations across the globe to...

8 Jun 2022

The Search for Talent: Six Major Employer Pitfalls

24 May 2022

Grants scheme set up to support women’s health...

16 May 2022

How music can help to ease anxiety at...

9 May 2022

OH will be key to navigating ‘second pandemic’...

14 Apr 2022

OH urged to be aware of abortion consultations...

8 Apr 2022

How coached eCBT is returning the workplace to...

8 Apr 2022

Why now is the time to plug the...

7 Apr 2022

Two-thirds of shift workers feel health affected by...

18 Mar 2022

TUC warns of April Covid risk assessment ‘confusion’

14 Mar 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+