Legal Framework in Employment Case Study Example | Topics and Well Written Essays - 2250 words

Legal Framework in Employment - Case Study Example The duration of effect is equally valid, considering that in Romero Insurance Brokers Ltd v Templeton [2013] EWHC 1198 (QB), the High Court validated a 12-month duration for enforcing a restrictive terms in the employment agreement (Meiners, Ringleb, & Edwards, 2011). However, unlike in Monster Vision UK Ltd v McKie [2011] EWHC 3772 (QB) where restrictive clauses seeking to disbar Mr McKie from virtually any business transaction were disallowed by court, restricting Angela’s use of the unique recipe is reasonably essential in the circumstances to safeguard the Stella Diamond’s single product (Helewitz, 2010). Stella Diamond has expressed reasonable concern that the use of her traditional recipe within the neighbourhood can have damaging impacts on her business. Angela as a senior pastry chef holds a senior position in the business and as such she is very aware of the material business secrets, which can have a detrimental impact on Stella Diamond if the restrictive clause was, disallowed (Meermann, 2014). In Faccenda Chicken Ltd. v. Fowler [1987] IRLR 69 the defendant was an employee of the claimant, serving as the sales manager of the firm selling chickens. His contract of employment was terminated and he then established his own firm selling similar products from refrigerated trucks. He took half of the ten van salesmen of his former employer, their controller, two other office staff and majority of his former employer’s customers. As such, his actions seemed legal because none of the employer’s staffs had restrictive terms in their employment contracts (Kessler, Bass, & Yeargain, 2007). However, in its decision, the court said the respondent owed the appellant an implied duty to act in good faith, specifying that the duty will be breached if an employee uses, in any way, the same list of clients of the former employer upon termination of the employment. General restrictions on ex-employees were however held as unenforceable (Meiners,