What are Injunctions?
An injunction is a court order that requires a party to do a specified act (mandatory injunction) or to refrain from doing a specified act (prohibitory injunction). An injunction is granted as a matter of discretion and can be an interim order or a final remedy.
Civil Courts will grant injunctions where the Defendant has breached or threatens to breach the Claimant’s legal or equitable rights. In the employment law context, injunctions are often sought by employees where an employer breaches or threatens to breach a contractual disciplinary procedure. More commonly, injunctions are sought by employers to prevent departing employees from breaching restrictive covenants. By way of example, an employer might seek an injunction to restrain a team move from occurring in circumstances where a departing employee is recruiting existing employees to join a competitor, in breach of a restrictive covenant.
Where an injunction is granted on an interim basis, the purpose of the injunction is to prevent the Claimant’s legal or equitable rights being interfered with pending trial. Employers commonly obtain this in restrictive covenant cases to protect their business interests ahead of a trial.
At trial, the court can also grant a final injunction which is perpetual.
Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.
Please contact us if you require legal advice.