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Adamson v B & L Cleaning Services Ltd [1995] IRLR 193 Court: EAT
The respondent, a small industrial cleaning company, secured a substantial cleaning contract, and the appellant, who was employed by the respondent as a foreman, was involved in the contract. When the contract came up for renewal, tenders were invited. The appellant told the respondent that he had tendered for the contract, and was dismissed when he refused to sign an undertaking that he would not compete with the respondent for industrial cleaning contracts whilst in their employment. In dismissing his complaint of unfair dismissal, an industrial tribunal held that the appellant had been in breach of his duty of fidelity by refusing to give the undertaking sought, and that the respondent had therefore been entitled to terminate his employment. On appeal, held, although an employee soliciting for his former employer's customers after leaving their employment was a factually different situation from an employee tendering for the future business of an employer's customers in competition with the employer whilst still in their employment, in both cases there was a breach of the obligation to give faithful service. In the latter situation, as in the instant case, an employer was entitled to expect that an employee would not compete with him for contracts with the existing customers. Accordingly, the appeal would be dismissed. |