Restrictive Covenants/Restraint of Trade
A restrictive covenant only protects you if it’s drafted narrowly enough to hold up in court. Too wide, and it’s not worth the page it’s written on.
Employees often walk out the door with knowledge that matters: client relationships, pricing, strategy, trade secrets. Restrictive covenants can protect those interests after they’ve gone, but only if they’re reasonable and specific to the role.
We draft non-compete, non-solicitation and non-dealing clauses, confidentiality obligations and garden leave provisions, and advise on director obligations where a departing director poses a different kind of risk. Where a covenant’s already been breached, or you suspect a team move is being planned, we advise on enforcement, including injunction applications where speed matters.
A covenant copied from an old template usually protects the old job, not the one the employee actually does now.
Some clients come to us before a senior hire joins, wanting the covenant right from day one. Others call after someone’s left and taken clients with them, needing to know fast whether the existing wording will hold up. We can help at either stage.
If you’re not sure which of these fits your situation, call us, and we’ll point you in the right direction.
- Disciplinary Issues
- Dismissal, Redundancy and Termination of Employment
- TUPE: The Transfer of Undertakings (Protection of Employment) Regulations 2006
- Contracts of Employment, Employee Handbooks, Policies and Procedures
- Advising on Settlement Agreements
- Advice on Parental Rights, Flexible Working and Equal Pay
