Contracts of employment: Restraining employee competition during the notice period

In Provident Financial Group plc and Whitegates Estate Agency Ltd v Hayward the Court of Appeal upholds a judge's refusal to grant an injunction to restrain the group's former finance director from joining a competitor before his notice period had expired. However, the court says that such an injunction could be granted in an appropriate case.

In the past the courts have been reluctant to grant injunctions which have the effect of either compelling an employee to work for an employer or remaining idle and unpaid.