Steel v Spencer Road LLP (2023)

The High Court has held that bonus clawback provisions which stipulated that a bonus must be repaid in full should the employee have either left his job, or been given or have receeived notice, within 3 months of the bonus having been paid, did not constitute a restraint of trade. Citing Tullett Prebon v BGC Brokers (2010) as authority, the Court determined that whilst the clawback provisions acted as a deterrence to resigning, they did not prevent the employee from working elsewhere or where he could work, and on that basis they did not amount to a restraint of trade.