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

Legal Framework in Employment - Case Study ExampleThe period 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 commerce 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 whatever business transaction were disallowed by court, curb Angelas use of the unique recipe is reasonably essential in the circumstances to safeguard the Stella Diamonds single product (Helewitz, 2010).Stella Diamond has show 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 damaging 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 sell 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 forefront salesmen of his former employer, their controller, two other office staff and majority of his former employers customers.As such, his actions seemed legal because none of the employers 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,