Restraints of Trade: A Global Perspective
The enforceability of restrictive covenants varies across different jurisdictions, from what is considered reasonable and market practice, to whether they are even permissible under local laws.
In our one-page Global Guide, we outline the headline issues for employers to be mindful of when seeking to enforce restrictive covenants across key jurisdictions. Download our one-page Global Guide here.
For more comprehensive coverage of the issues for employers in each jurisdiction, our clients can also access our full detailed Global Brochure here.
Top tips: Employers and employees
Whether you are a current or prospective employer dealing with an employee who has been poached, or you are an employee considering your next move, there are various legal and commercial risks to consider in an area of law which is constantly evolving. Take a look at our top tips for employers and employees to find out more.
Related Content
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Antitrust: Global Enforcement Index
Antitrust: Global Enforcement Index
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Workplace Activism
Workplace Activism
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Listen Up!
Listen Up!
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Employment & Incentives
Employment & Incentives
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Environment, Social & Governance
Environment, Social & Governance
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Diversity Faculty
Diversity Faculty
Antitrust: Global Enforcement Index
Antitrust enforcers have been scrutinising non-poach clauses and other terms of employment in a number of recent cases. The trend started in the US, but there are now live investigations in several other jurisdictions. Other antitrust enforcers, including the UK Competition and Markets Authority will be thinking about enforcement in this area. Learn more in our Global Antitrust Enforcement Index.
Workplace Activism
Workplace activism isn’t a new concept, but one which has been amplified in recent times by social movements and the circumstances of the Covid-19 pandemic. It is becoming a defining feature of the workplace. With a heightened awareness of workplace rights, along with changes in technologies and communication channels, employees can become activists within their workplaces very quickly.
Listen Up! Effective whistleblowing management
In today’s world, enabling employees and stakeholders to safely voice concerns through formal and informal channels – and having the infrastructure in place to hear and deal with those concerns – is a cornerstone of good governance, is at the heart of a healthy culture, and can help employers to mitigate the risks arising from workplace activism. Find out more about the importance of having suitable whistleblowing, speak up and listen up arrangements on our dedicated “ListenUp!” webpage.
Employment & Incentives
The Linklaters Employment & Incentives practice is one of the strongest and most innovative players in the global market. Visit our dedicated web page to find out more about the team, our global coverage, and our expertise. If you would like to speak to one of the team directly, please do get in touch.
Environment, Social & Governance
ESG in the broadest sense covers environmental, social and governance issues but consensus on details of the meaning can vary and public perceptions are changing rapidly. Our dedicated ESG team has a robust understanding of the regulatory and policy drivers of the market and experience across a wide range of sectors. Visit our ESG web page for more information.
Diversty Faculty
Linklaters Diversity Faculty offers a full-service solution for your Diversity & Inclusion (D&I) priorities and objectives. Bringing together experts from our Legal, D&I, HR, Talent Management, Learning & Development and Social Impact teams, our Faculty provides you with the full suite of services to help you evolve your D&I strategy and create a workplace culture that reflects your organisation’s core values.
EmploymentLinks blog
Approaches to D&I in financial services
19 December 2022 //
Achieving a more diverse and inclusive financial services industry is a key ESG priority for the FCA. What progress have firms made?
Flexible working: a new regime
6 December 2022 //
Three years after proposing a policy of making flexible working the default for all jobs, the government has set out its plans for a new flexible working regime.
Trends in female representation on the UK’s top companies’ boards
14 November 2022 //
This year’s Female FTSE Board Report acts as a stark reminder that whilst there are more women in boardrooms than ever before, there is a long road ahead to achieving gender parity.
Menopause and the workplace – where are we now?
18 October 2022 //
Over the last few years, women’s health issues such as the menopause have gradually worked their way into the spotlight. On Menopause Awareness Day, we reflect on progress over the last year and look to the future.
Goodbye EU law
3 October 2022 //
Under the Retained EU Law Bill, EU-derived legislation is set to disappear from the UK statute books by December 2023. What does this mean for employment law?
Setting the record straight? Calls for changes to the approach to recording hearings
28 September 2022 //
Whilst employment tribunals are not currently required to record and provide transcripts of proceedings, is the tide slowly turning?
Long Covid and disability discrimination: Employers beware
8 September 2022 //
With almost 2 million people suffering from long Covid, employers need to understand its impact and what obligations they have to avoid the risk of discrimination.
Climate change and the world of work: Keeping cool with employees
15 August 2022 //
July 2022 saw the UK’s first red extreme heat warning as unprecedented temperatures hit parts of the globe. With climate change set to make heat events like this more frequent, employers will face important questions about how to adapt their workplaces for a warmer future.
Law banning agency workers from covering during strikes is repealed
4 August 2022 //
We have seen a series of strikes in recent months causing significant disruption to the UK’s rail network with industrial action set to intensify. Changes to the law from 21 July 2022 mean that employers can now lawfully plug staffing gaps caused by strikes by hiring agency workers, an action which was previously a criminal offence. We explore the background to these changes and the challenges employers may face.
Menstrual leave policies in the workplace
28 July 2022 //
In a European first, Spain is proposing to pass a new law offering menstrual leave. For employers in the UK considering how they can support individuals experiencing menstrual health problems, what should they be thinking about?
Working in the metaverse – emerging employment issues
18 July 2022 //
Whilst the metaverse might still be in its infancy, employment issues are already starting to emerge. What are the key issues for employers when offering workspaces in the metaverse?
Team Moves: Poached and Poacher – Top tips for employers and employees
13 July 2022 //
Whether you are a current or prospective employer dealing with an employee who has been poached, or you are an employee considering your next move, there are various legal and commercial risks to consider. Take a look at our top tips for employers and employees.
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