Restrictive Covenants in Employment

At BBS Law, our employment law solicitors advise employers on how to draft, implement, and enforce restrictive covenants that align with your best interests as a business.

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Restrictive Covenants: Legal Assistance for Employers

While remaining legally enforceable under UK law, when drafted correctly, restrictive covenants can serve as a vital tool for long-term business protection; find out here how we can help.

What Are Restrictive Covenants?

Restrictive covenants are contractual clauses commonly found in employment contracts, particularly for senior employees or those with access to confidential information and key business relationships.

These clauses are designed to regulate an employee’s conduct during and after their employment ends.

Examples of Restrictive Covenants

Restrictive covenants can span wide, but some of the most common include:

Non-compete clause
Non-solicitation provisions
‘Staff poaching’
Dealing with clients post-termination

Talk to us today to find out how we can help you implement restrictive covenants in your business.

Why Restrictive Covenants Matter for Employers

No matter the industry or business scale, for employers, restrictive covenants are an essential component to keeping your business in a strong position.

For example, let’s say a senior employee leaves your company, this can pose significant risk to the business if they attempt to take clients, staff or sensitive data with them.

That being said, having clear restrictions in employment contracts that lay out post-employment restrictions helps reduce the risk of competitive harm.

So, if you’re either reviewing your current employment contracts or seeking a new hire, getting advice from a specialist employment contract solicitor is key.

Ultimately, poorly drafted or overly broad restrictive covenants clauses may be found unenforceable by the courts, that is why at BBS Law we ensure your restrictive covenants strike the right balance.

How Restrictive Covenants Promote Business Protection

Restrictive covenants are not just legal formalities, they are an important part of a business’s risk management strategy. They can be used to:

They work to protect your assets and preserve your business relationships with valued clientele. More specifically, the key protections restrictive covenants impose include, but aren’t limited to:

Prevention of a departing employee from working with direct competitors
Prevention of former employees dealing with your clients
Prevention of ex-employees poaching colleagues

With experience in employment contract law and post-termination restrictions, our solicitors work closely with employers of any size to understand business activities and the risks ex employees may cause; helping us to tailor restrictive covenants accordingly.

Enforcing Restrictive Covenants: How to as an Employer

The answer to enforcing restrictive covenants – legal assistance.

If an employee breaches a restrictive covenant, you should seek legal action from an employment solicitor to prevent damage to your business before it escalates.

Enforcing restrictive covenants can involve issuing legal proceedings, applying for an injunction to stop further breach, and in some cases, seeking damages for losses incurred.

At BBS Law, our team takes all of this off your hands by providing expert guidance on the enforcement process. We will assess whether the clause is enforceable, and advise you on the best course of action.

If you are concerned about a potential breach or need advice on enforcing restrictive covenants, we are here to help, get in touch today.

Choose BBS Law for Employment Restrictive Covenants

Choose our team of skilled employment law solicitors to protect your best interests as an employer. Our team is extremely well versed and experienced in drafting, updating and enforcing restrictive covenants within employment contracts and are ready to help you today.

Talk to us about your query on 0161 832 2500 or get in touch via email or our contact form here.

Frequently Asked Questions

Are restrictive covenants enforceable in employment?

Yes, restrictive covenants in employment contracts can be enforceable if they are reasonable, protect legitimate business interests, and are not broader than necessary. The courts will examine each clause on a case-by-case basis.

Can an employer stop me from working for a competitor?

An employer may restrict a former employee from working for a competitor if a valid non-compete clause is included in the employment contract. However, such clauses must be proportionate and justified by the employer’s business needs.

How to get around restrictive covenants in employment in the UK?

Challenging restrictive covenants involves assessing their enforceability. If a clause is too broad, too long, or not protecting a legitimate interest, it may be unenforceable.

Employers should always seek legal advice before relying on or enforcing these terms.

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Restrictive Covenants in Employment

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Restrictive Covenants: Legal Assistance for Employers

What Are Restrictive Covenants?

Examples of Restrictive Covenants

Why Restrictive Covenants Matter for Employers

How Restrictive Covenants Promote Business Protection

Enforcing Restrictive Covenants: How to as an Employer

Choose BBS Law for Employment Restrictive Covenants

Employment Partners

Frequently Asked Questions

Are restrictive covenants enforceable in employment?

Can an employer stop me from working for a competitor?

How to get around restrictive covenants in employment in the UK?

Our Employment Partners

BBS Law Client Testimonial

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

Request a call back

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