In its landmark judgment in Tillman v Egon Zehnder Ltd, the UK Supreme Court has delivered detailed guidance on the law relating to the enforceability of restrictive covenants in employment contracts. This is the first judgment on this subject in the history of the Court, and indeed in the history of the judgments of its predecessor, the House of Lords, for a period stretching back 100 years. Overturning the decision on appeal from the Court of Appeal, the Supreme Court has articulated new principles governing this area, most notably in the form of a new approach regarding the doctrine of severance, a doctrine that applies when part of a post-employment covenant is in unreasonable restraint of trade. Depending on the application of the doctrine, the court may sever and remove the offending part of the clause so as to leave the employee bound by the remainder of it …
Desmond Ryan, Restating Restraint of Trade: The Implications of the Supreme Court’s Judgment in Tillman v Egon Zehnder Ltd, Industrial Law Journal, https://doi.org/10.1093/indlaw/dwaa022. Published: 10 October 2020.