What happens, for example, when an employee who was engaged in a sales role ceases to be an employee? Are restrictive covenants specified in their contract to prevent them from soliciting customers and suppliers, or restrictions on working for competitors? Our team of Legal 500 recommended solicitors based in offices across Essex and London are experienced in this somewhat complex area of employment law.
It is not uncommon for senior employees or directors to have detailed restrictive covenants and post-termination restrictions contained within their contract of employment or service agreement.
The most common forms of restrictions are:
- Non-competition
- Non-solicitation
- Non-dealing
- Non-poaching
The general position is that any contractual term restricting an employee’s activities after termination is void for being in restraint of trade and contrary to public policy unless the employer can show that:
- It has a legitimate proprietary interest that it is appropriate to protect; and
- The protection sought is no more than is reasonable having regard to the interests of the parties and the public interest.
It is for this reason that the drafting of restrictive covenants is of the upmost importance. Restrictions tend to be limited by reference to a period of time after employment has ended, a geographical area or some class of person.
Cases in this area turn on their own facts, making this area of law complex.
Our employment team have experience in drafting restrictive covenants and advising on the enforceability of the same. We can also act on your behalf if you believe that an employee has breached their restrictive convents or may do so or that have received correspondence from another firm of solicitors regarding a breach of post-termination restrictions which you wish to receive advice on or challenge.
If you require employment advice, then please do not hesitate to contact us by telephone to speak with a solicitor from our employment team, without obligation, or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
Restrictive Covenants Lawyers