Employment
Restrictive covenant advice for employees
Restrictive covenants can affect your ability to move jobs, join a competitor, start a business, contact clients or deal with former colleagues. They often become important when you are leaving employment or have received a threatening letter from a former employer.
We advise employees, senior staff and directors on the enforceability and practical impact of restrictive covenants, confidentiality obligations, garden leave provisions and post-termination restrictions.
Restrictions we can advise on
We can review and advise on clauses relating to:
- Non-compete restrictions and working for a competitor.
- Non-solicitation and non-dealing restrictions concerning clients or customers.
- Restrictions on approaching or employing former colleagues.
- Confidential information, trade secrets and intellectual property.
- Garden leave, notice periods and handover obligations.
- Threatened injunctions, undertakings and settlement proposals.
Are the restrictions enforceable?
Not every restrictive covenant is enforceable. The employer will usually need to show that the restriction protects a legitimate business interest and goes no further than reasonably necessary. The wording, duration, geographical scope and the employee’s role are all important.
We can assess the clause in context, advise on risk and help you understand what you can and cannot safely do. This is particularly important before accepting a new role or launching a competing business.
Responding to employer threats
Where a former employer alleges breach, a careful response is required. Ignoring correspondence or replying without advice can increase risk, particularly if the employer threatens injunctive proceedings.
We can assist with correspondence, negotiation of undertakings, settlement discussions and strategy to protect your future employment while reducing the risk of costly litigation.