The UK supreme court recently held that unenforceable restrictions in non-compete clauses in employment contracts can be struck out or “severed” from the rest of the non-compete clause, so that the non-compete becomes enforceable. The (three) criteria to meet in order for severance to be possible are interesting also in the context of Belgian law, given earlier very similar decisions by the Belgian supreme court in 2015 (2x) and 2019. The latter decisions however all concerned situations outside an employment law context. It remains to be seen whether, in Belgium, this case law will also be confirmed in an employment law context. For a summary of the UK supreme court decision: check out the article by our UK colleagues in our global Littler practice: https://www.gqlittler.com/resources/news-and-views/the-supreme-view-on-post-termination-restrictions.htm ■
This could also interest you :
- Employers in Belgium : how to deal with partial lockdown until 3/04/20 ?
- Sending Your Employees to Belgium : What (Not) to Do ? – Webinar 30/03/20
- Annulment of discriminatory “cash for car”-law probably without much practical impact
- Opinion Advocate General (26/11/19) on TUPE Directive in case of business transfer to various transferees
- Webinar 25/09 – Termination of employment under Belgian law