Affinity Workforce Solutions Ltd v McCann & Ors

Affinity Workforce Solutions Ltd v McCann & Ors

The court refused to grant the interim non-compete injunction because the employees offered undertakings not to solicit or deal with specified customers and candidates, which sufficiently protected Affinity's legitimate interests. The balance of convenience and the status quo favoured refusal of the broader injunction, especially given the uncertainty over the enforceability of the covenants and the hardship to the employees.

Parties
Claimant: Affinity Workforce Solutions Limited; Defendant: Kathryn McCann; Defendant: Lizzie McDonnell; Defendant: Clare Hind; Defendant: Wendy Rowell; Defendant: Susanne Southey; Defendant: Tradewind Recruitment Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2019
Procedural Posture
Interlocutory Application for Injunction / Ruling on Interim Injunction
Outcome
Interim injunction refused; undertakings accepted
Legal Topics
Restrictive Covenants, Non Compete Clauses, Injunctions, TUPE Transfers, Breach of Contract, Inducement of Breach of Contract
Employment Law Contract Law Restrictive Covenants Non Compete Clauses Injunctions TUPE Transfers Breach of Contract Inducement of Breach of Contract

Case Brief

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Parties

Affinity Workforce Solutions Limited

Claimant

Kathryn McCann

Defendant

Lizzie McDonnell

Defendant

Clare Hind

Defendant

Wendy Rowell

Defendant

Susanne Southey

Defendant

Tradewind Recruitment Limited

Defendant

Procedural Posture

Interlocutory Application for Injunction / Ruling on Interim Injunction

Legal Issues

  1. 1 Whether the employees are bound by post-termination non-compete covenants in their contracts of employment with Affinity
  2. 2 Whether an interim injunction should be granted to restrain the employees from working for Tradewind Recruitment Limited
  3. 3 Whether undertakings not to solicit or deal with specified customers/candidates are sufficient protection for Affinity's interests

Ratio Decidendi

The court refused to grant the interim non-compete injunction because the employees offered undertakings not to solicit or deal with specified customers and candidates, which sufficiently protected Affinity's legitimate interests. The balance of convenience and the status quo favoured refusal of the broader injunction, especially given the uncertainty over the enforceability of the covenants and the hardship to the employees.

Court Disposition

Interim injunction refused; undertakings accepted

Orders

  • The application for an interim injunction to restrain the employees from working for Tradewind is refused.
  • The undertakings offered by the employees not to solicit or deal with specified customers and candidates are accepted by the court.