Page 30 - BOSS Today Issue 13

HR

BULLYBOY

TACTICS

BACKFIRE

Strong arm tactics against former employees can
sometimes be futile, as a Court of Appeal ruling shows

eavy handed tactics by undertakings, the employer made no effort to seek to “Pressing
employers came in for attempted to seek an injunction, resolve its concerns amicably
Hcriticism in Caterpillar first in the High Court and then before resorting to threats of on with
Logistics Services (UK) Ltd v in the Court of Appeal. proceedings.
de Crean, where the Court of But the courts were highly It is true that some employers, proceedings
Appeal upheld the refusal of an critical of the employer’s when they are concerned about
injunction application against a overreaction to the situation, departing employees possibly without
former employee. considering it had chosen not engaging in competitive activity,
Mrs de Crean had a contract to incorporate any express sometimes adopt the tactic a good
with Caterpillar that included a restrictive covenants in its of chancing their arm and foundation
confidentiality agreement but former employee’s contract of threatening proceedings. While
did not restrict her activities employment. such tactics may sometimes could prove
once her employment ended. In particular, the employer be effective if the employee
Three weeks after she resigned had not clearly set out what caves in quickly, the case above futile and
to join another company, it meant by “confidential demonstrates that pressing on
the employer sent her a information” and sought an with proceedings without a expensive.”
letter alleging misconduct open-ended injunction that the good foundation is likely to be a
and demanding that she Court of Appeal described as futile and expensive process.
give undertakings not to “hopelessly wide and vague”.
use or disclose confidential It had also given Mrs de Crean Q FOR MORE INFORMATION,
information in her new job. an unreasonably short time CONTACT YOUR BOSS HR
When she refused to give such to respond to its letter, and ADVISER ON 0845 450 1565.

30 BOSS TODAY | July/August 2012

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