Employers will often insert post-termination restrictions and restrictive covenants into employment contracts. These types of restrictions apply after employment has finished and include clauses preventing employees from soliciting or dealing with the employer’s clients or customers, poaching the employer’s employees or working for the employer’s competitors.
The best time to negotiate these types of restrictions is before you sign up for them. If you have not yet signed your contract, then you may be interested in our contract review service.
What does a post-termination restriction and restrictive covenant solicitor do?
Our expert post-termination restrictions and restrictive covenant solicitors regularly advise on litigation and threatened litigation about restrictions and can help you devise a strategy with the aim of putting you in the best position possible: whether that is challenging the enforceability of the restrictions in court or seeking a negotiated outcome which is acceptable to all parties.
If you are being sued by a former employer in respect of post-termination restrictions and restrictive covenants, or have been threatened with a lawsuit, it is imperative that you take advice at the earliest opportunity. This is because litigation in this area can escalate extremely quickly, with numerous urgent deadlines and can become very expensive. Doing nothing is rarely an option.
Garden Leave
Many employment contracts also include garden leave clauses. These clauses usually require employees not to attend work or contact any of the business’ clients or customers during their notice period.
A key thing to note is that if you are on garden leave, you are still employed and therefore cannot go and work for anyone else.
Enforceability of post-termination restrictions and restrictive covenants
Not all post-termination restrictions and restrictive covenants are enforceable. There are a number of legal tests which must be satisfied and poorly drafted or unreasonable restrictions may not be upheld in court. B P Collins’ employment lawyers regularly advise clients on the enforceability of their restrictions and, in cases where it is possible to do so, advising on the best strategy for challenging enforceability.
Why choose B P Collins as your post-termination restriction and restrictive covenant solicitors?
With over 50 years of experience in post-termination restriction and restrictive covenant law, we’re consistently ranked by Chambers UK and The Legal 500 for the tenacity of our employment practice. Our solicitors have helped hundreds of employees – from junior staff to senior executives – navigate post-termination restrictions and restrictive covenants int heir employment contract with confidence and clarity. The firm has been named one of The Times’ Best Law Firms from 2022 to 2024.
The employment lawyers at B P Collins are members of the Employment Lawyers Association.
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We pride ourselves on achieving the best possible and most cost effective outcomes for our clients, be that through pursuing a strike out of some or all of a claim or defence or negotiating an appropriate settlement.
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Contact our employment contract solicitors today
For further information or advice on your employment contract please contact our employment lawyers, who are based in London, Ickenham, Thame and Gerrards Cross, on 01753 889995 or enquiries@bpcollins.co.uk.
