The law on Restrictive Covenants and Post-Termination Restrictions can be complex and some of the terms set out are not always clear. For both employees and employers, there can be serious consequences if the restrictions are not followed correctly.
Our team of Employment Solicitors and Barristers provide clear and pragmatic advice, so that employees are aware of regulations or restrictions to which they are subject, and employers can protect their business.
Initial Telephone Discussion
The purpose of a restrictive covenant is to protect business interests and confidential information when an employee leaves the company.
Restrictive covenants may be included within an employment contract or directors or executive service agreement or in a shareholders agreement. Restrictive covenants must be updated when individuals are promoted, change job roles or if there is a structural change in the company.
The main types of post-termination restrictions include:
- Confidentiality: this will enforce employees to keep confidential information and trade secrets to themselves
- Preventing poaching: you may be restricted from taking your employer’s employees or suppliers or distributors with you to your new place of employment
- Non-dealing: you may be required to not correspond with any of your former employer’s customers or potential customers
- Non-competition: you may be restricted from working for companies that compete with your employer when you leave your employment
Drafting restrictive covenants involve balancing your business interests with the rights of your staff and employees to ensure that your business is protected once they leave employment.
An employer may wish to enforce a restrictive covenant by applying to the High or County Court and asking for an interim injunction that will compel a former employee to comply with the regulations featured in their restrictive covenant. This can be costly.
We would therefore assist you first in communicating with your former employee before making a court application, which can be costly and time-consuming for all parties involved.
Former Employee – Worried About a Restrictive Covenant?
If you are subject to a restrictive covenant and need advice or your ex-employer has been in contact with you, please get in touch with us as soon as possible.
We can explain your options, advise on whether the restrictive covenant is enforceable and can liaise with your previous employer on your behalf.
Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.
How to get in contact
Our Employment Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].
Our offices are based in Basingstoke and we assist clients across the country.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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