Restrictive covenants are notoriously difficult to enforce. The starting point is that a contractual term that attempts to limit an employee's ability to work elsewhere after their employment has ended is an unfair restraint of trade and, as a matter of public policy, should not be enforced. However, there are no such public policy difficulties if the contract of employment is still continuing. Can an employer keep the contract of employment alive despite an employee's clear resignation and refusal to work? That was the main question in the recent case of Sunrise Brokers LLP v Rodgers [2014] EWHC 2633 (QB).
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