RDF Media Group Plc & Anor v Clements [2007] EWHC 2892 (QB) (05 December 2007)

RDF Media Group Plc & Anor v Clements [2007] EWHC 2892 (QB) (05 December 2007)

The claimants' conduct, particularly the statements made to the press and the briefing by Ms Oriel, amounted to a repudiatory breach of the implied term of trust and confidence in the employment contract. The defendant was entitled to treat himself as constructively dismissed, and his employment ceased other than by voluntary unilateral resignation. Accordingly, the restrictive covenants were reduced from three years to two years under clause 11.2 of the SPA.

Citation
[2007] EWHC 2892 (QB)
Parties
Claimant: RDF Media Group PLC; Claimant: RDF Media Limited; Defendant: Alan Clements
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Civil / Judgment
Outcome
Judgment for the defendant
Legal Topics
Constructive Dismissal, Restrictive Covenants, Implied Term of Trust and Confidence, Interpretation of Contract Clauses
Employment Law Contract Law Constructive Dismissal Restrictive Covenants Implied Term of Trust and Confidence Interpretation of Contract Clauses

Case Brief

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Parties

RDF Media Group PLC

Claimant

RDF Media Limited

Claimant

Alan Clements

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the conduct of the claimants amounted to a repudiatory breach of the implied term of trust and confidence entitling the defendant to claim constructive dismissal
  2. 2 Proper interpretation of clauses 11.1 and 11.2 of the Sale and Purchase Agreement regarding the duration of restrictive covenants
  3. 3 Whether the defendant ceased to be an employee by voluntary unilateral resignation or constructive dismissal

Ratio Decidendi

The claimants' conduct, particularly the statements made to the press and the briefing by Ms Oriel, amounted to a repudiatory breach of the implied term of trust and confidence in the employment contract. The defendant was entitled to treat himself as constructively dismissed, and his employment ceased other than by voluntary unilateral resignation. Accordingly, the restrictive covenants were reduced from three years to two years under clause 11.2 of the SPA.

Court Disposition

Judgment for the defendant

Orders

  • Declaration that the defendant was constructively dismissed on 13 April 2007
  • Declaration that the restrictive covenants terminate by effluxion of time on 2 December 2007