Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. In what way was he unfairly dismissed?
Hi Ben, that I do not know and am seeking to find out
ok on the basic facts I can advise that he needs to be careful about making such claims because a finding of unfair dismissal would not necessarily mean that the restrictions are no longer valid. This would only be the case if the employer has breached the contract and in turn has made it void and unenforceable. But an unfair dismissal does not equal breach of contract. It could do, depending on what happened, but if it was just a procedural fairness issue that did not go on to breach the terms of the contract, the contract can still remain in place and be valid regardless of the dismissal being unfair. So he can only claim that the restrictions are no longer in force if he can show that the employer had breached the contract first, which in turn could make the full contract void, including the restrictions within it
Thanks Ben - clear as always!
You are welcome