Good news for employers - employees can be injuncted if they make disparaging or derogatory statements, having entered into a settlement agreement stating that they would not do so.

In the case of RSM International v Harrison [2015], an employee signed a standard settlement agreement with RSM International. It contained the usual clauses that there were to be no derogatory comments and that matters should remain confidential. The agreement specifically stated that RSM would be entitled to an injunction if the employee made such comments or breached confidentiality. He entered into the agreement on the basis of legal advice and received a severance payment for doing so.

Following this, the employee made numerous allegations against the company concerning matters such as dishonesty and malpractice. RSM asked him to desist and he refused to do so. RSM issued a High Court claim for an injunction. The injunction was granted. The judge said the employee had been warned but he had refused to quieten down. The company had no choice but to injunct.