Enforcement of Restrictive Covenants

Restrictive Covenants

When creating and negotiating contracts of employment, you should also consider what restrictions you might like to place on your employees in the event that they leave the business. Having restrictive covenants that have been agreed by your employee in writing would help you to protect your business and to enforce these restrictions if the employee attempts to breach them.

These restrictive covenants (also called post-termination restrictions) are a common feature of employment contracts and can help to protect your business through periods of staff turnover. They are intended to survive the end of the employment relationship and prevent those employees from compromising your business interests by, for example, setting up business in competition with you, going to work for a company which operates in competition with you, attempting to solicit your clients, customers, or staff, or divulging trade secrets or confidential information.

There are a great deal of variables to take into account when drafting restrictive covenants. These covenants should be specific, focused and go no further than is reasonable to protect your business interests. You should consider both a timeframe for these restrictions to apply, which might typically exclude any garden leave or notice period, and a geographical scope, for example, to apply within a ten-mile radius of your premises. You should also consider updating the restrictions if the employee starts a new position in the company to ensure that the covenants are applicable to the job they are doing. Ultimately, a breach of these covenants can expose an ex-employee to a claim for breach of contract or to injunction proceedings together with recovery of your losses.

Talk to Tollers

In certain circumstances, an effective restrictive covenant can be crucial to protecting your business. As employment law solicitors, we understand the fine balance that needs to be struck when imposing such covenants, so that they are not too broad (and therefore at risk of being ruled as unenforceable) but still protect your interests sufficiently. We can help you define the restrictions that address this balance most appropriately for your business. Get in touch and speak with one of our employment law experts today.

Tollers HR

Tollers also offers to its clients its own HR Package ‘Tollers HR’ which has been designed to help you manage your employees in a cost effective and confident way. We can help you manage and maintain your employment contractsdisciplinary issuesredundancies, grievances and conduct or performance dismissals. To find out more about Tollers HR click here.

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Our Enforcement of Restrictive Covenants Experts

Rebecca List
Partner & Head Of Employment
Rebecca List, Employment Solicitor. Rebecca has experience of all areas of employment law, both contentious and non-contentious, including, TUPE...
Gary Tait
Partner and Head of Commercial Services
Gary joined Tollers in 1997. In 2000 Gary became a partner in the firm and in 2009 was appointed Head of the Commercial Services Division...
Rebecca List
Partner & Head Of Employment
Gary Tait
Partner and Head of Commercial Services
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