Employee competition
Many employers will have key personnel who could materially damage their business if they were to leave. For example, that could be because they have knowledge of business-critical confidential information and know-how, significant influence over clients and customers or because they might seek to poach other important members of staff.
What are post-termination restrictions and restrictive covenants?
To protect themselves, employers will often insert post-termination restrictions and restrictive covenants into contracts of employment. These are interchangeable terms for types of restriction that apply after employment has finished. They 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.
If an employer wishes to implement post-termination restrictions, the best time to do so is at the start of the employment relationship or when an employee is promoted into a role for which restrictions might be necessary.
However, it can be possible to implement restrictions at other points in the employment relationship and B P Collins’ expert solicitors can advise employers on strategies for implementing new post-termination restrictions.
What does a post-termination restrictions and restrictive covenant solicitor do?
Our expert post-termination restrictions and restrictive covenant solicitors regularly advise on litigation and about restrictions and can help you devise a strategy with the aim of putting you in the best position possible: whether that seeking to enforce the restrictions in court or seeking a negotiated outcome which is acceptable to all parties.
Are post-termination restrictions and restrictive covenants enforceable?
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. For that reason, taking legal advice on restrictions is essential. B P Collins’ experienced post-termination restriction solicitors regularly draft these types of restrictions for their clients and will work to maximise the prospects of a court enforcing those restrictions.
Garden leave
Many employment contracts also include garden leave clauses. These clauses usually allow employers to require employees not to attend work or contact any of the business’ clients or customers during their notice period. While on garden leave, an employee remains your employee,  meaning they are still bound by the terms of their contract and are restricted from working anywhere else. This makes garden leave some of the best protection you can get for your business.
Injunctive relief
If you think a former employee has breached a post-termination restriction, then it is imperative that you take advice at the earliest opportunity. This is because you may want to consider applying to the court for injunctive relief (i.e. a court order restraining the former employee from taking the steps which would breach the restriction). A key factor in the decision as to whether to grant injunctive relief will be whether or not the employer has delayed taking action.
Why choose B P Collins as your employee competition, post-termination restriction and restrictive covenants solicitors?
With 50+ years of experience and extensive knowledge, we’re consistently ranked in legal directories such as Chambers UK and The Legal 500, for the strength of our employment practice.
Price and service transparency (Click here)
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.
View our price and service transparency here.
Contact our employment solicitors today
For further information or advice please contact our post-termination restriction and restrictive covenants lawyers, who are based in London, Ickenham, Thame and Gerrards Cross, on 01753 889995 or enquiries@bpcollins.co.uk.
