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Employment

27 November 2014
Issue: 7632 / Categories: Case law , Law digest , In Court
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Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373, [2014] All ER (D) 292 (Oct)

The defendant purported to resign from his employment with the claimant firm. However, his resignation was within the initial period within which he was not entitled to terminate according to the terms of his employment agreement. The judge, on the claimant’s application, held that the defendant remained employed until the expiry of his notice period, as modified by the claimant during the course of pre-litigation negotiations. An injunction was granted that prevented the defendant from taking up employment until the end of his notice period and a further period of restriction was ordered to reflect the non-compete obligation in the employment contract. The Court of Appeal, Civil Division, upheld those orders as the judge had not erred.

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