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Employee of formula factors

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George is an employee of Formula Factors, a car garage. His contract of employment provides that if his employment is terminated he cannot directly compete in business with Formula Factors for a period of 6 months. 

George is dismissed from his job and, despite his contract, he wants to start a car garage business straight away. He has heard of the principle of "Separate Corporate Personality" and believes he has found a way around his contract of employment.

Immediately upon his termination, George decides to set up a company with his son, and that Company runs a garage business in direct competition with Formula Factors.

George is neither a director nor shareholder of the new company, but he runs the business, and everyone refers to him as "the boss".

Formula Factors have told George to cease trading or they will go to Court to stop him trading in competition with them and taking their customers.

George is now worried he doesn't fully understand 'Separate Corporate Personality' and looks for your advice.

Advise George of the law on Separate Corporate Personality and the relevant areas where the Corporate Veil will be lifted.  

Refer in your answer to relevant caselaw and in particular to the decision in Salomon -v-Salomon [1897] AC 22

Reference no: EM132180592

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