Employment Litigation

A multitude of employment litigation issues can arise when an employment contract or a consultancy agreement comes to an end.

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Employment Litigation Services

A multitude of employment litigation issues can arise when an employment contract or a consultancy agreement comes to an end, be it an employer looking to protect its business by threatening or taking action against an employee, or an employee looking to defend himself or herself against the actions of their former employee.

We have significant experience in advising both employers and employees in disputes arising out of employment contracts and consultancy agreements. We have a particular expertise in advising in relation to restrictive covenants in employment contracts, particularly where it relates to an employee seeking to work for a competitor. We advise both employers and employees in relation to types of restrictive covenants, enforcing covenants, dealing with confidentiality issues and restraint of trade and generally in protecting business interests. We have acted numerous times in bringing and defending injunction application brought against former employees.

Frequently Asked Questions

What does restrictive covenants mean in employment?

Restrictive covenants are terms contained in contracts of employment which are designed to protect a business from steps taken by an employee after termination of his/her employment.

Are restrictive covenants legally binding?

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 business interest and that the restriction is no more than reasonable to protect that interest.

How enforceable are restrictive covenants?

An employer cannot impose a covenant simply because it does not want an ex-employee to compete with it. However, it can seek to prevent the individual from using or damaging something that legitimately belongs to it.

How do you prove a contract is breached?

An employer will be expected to provide cogent evidence of wrongdoing on the part of the ex-employee, although adverse conduct prior to termination can also assist in demonstrating breach.

Are non competes enforceable?

A non-competition restriction has traditionally been harder to enforce than a non-solicitation restriction but are occasionally enforceable where the courts have recognized that other forms of protection, such as confidentiality restrictions and non-solicitation restrictive covenants, cannot always be effective in safeguarding a former employer’s legitimate interest.

Our Litigation Partners

We take the time to get to know our clients and their businesses, and we work collaboratively with them to achieve their goals.

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David Bondt Partner

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Andrew HaffnerPartner

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Ian PearlPartner

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For proactive, bespoke, commercial solutions, contact us to discuss your needs.

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Having recently worked with BBS Law to successfully conclude an Intellectual Property infringement case we were extremely happy with the services they provided.

David Bondt expertly guided us through the process and mediation, providing knowledgeable, professional and commercial support at all stages – thanks again David!

Baum Trading Limited

During a very difficult period in our business, we had to seek the help of a professional Law firm. We selected BBS Law Ltd following initial calls with Andrew Haffner and the Litigation Team. The support and unbiased guidance given by Andrew and the team guided us through many nightmare events. The extensive knowledge and professional support given to the complexities of the problem were well understood by BBS Law Ltd.

Hazel James, Managing Director at Brendon International Limited

I instructed David Bondt of BBS Law to deal with a complex intellectual property dispute. The other side were trying to be overly aggressive, but David and his team were able to deal with the situation professionally and robustly on my behalf. Needless to say, BBS Law obtained a very favourable outcome for us and gave very clear and concise advice to me throughout the case. I wouldn’t hesitate to recommend the litigation team at BBS Law.

SR, Client

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Employment Litigation

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Employment Litigation Services

Our Litigation Partners

Frequently Asked Questions

What does restrictive covenants mean in employment?

Are restrictive covenants legally binding?

How enforceable are restrictive covenants?

How do you prove a contract is breached?

Are non competes enforceable?

Our Litigation Partners

For proactive, bespoke, commercial solutions, contact us to discuss your needs.

Request a call back

Baum Trading Limited

Hazel James, Managing Director at Brendon International Limited

SR, Client

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