Restrictive Covenants & Confidentiality
Post-termination restrictive covenants are common in employment contracts. A restrictive covenant essentially seeks to restrict the actions an employee can take for a specified period of time after they leave their employment.
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How we can help
You may be thinking of leaving your employer and want to know what you can and cannot do. We are often asked to advise on enforceability of restrictive covenants. We have extensive experience of advising in connection with restrictive covenants and matters of confidentiality.
You may be accused of being in breach of a restrictive covenant and we can defend you, which may include negotiating an amicable resolution with your former employer.
Types of Restrictive Covenants
There are lots of different types of restrictive covenants. The most common types are:
- Non-Solicitation – These are restrictions which prevent ex-employees from proactively contacting certain suppliers/customers/clients;
- Non-Dealing – These are restrictions which prevent ex-employees from doing any work for certain suppliers/customers/clients;
- Non-Poaching – These are restrictions which prevent ex-employees from persuading ex-colleagues to go and work with them at a new employer; and
- Non-Compete – These are restrictions which prevent ex-employees from working in a particular industry or for companies in competition with their ex-employer.
Separately, there is likely to be a continuing restriction on using or disclosing confidential information belonging to the ex-employer.
Costs and how we work with you
Depending on the complexity of the case we may be able to provide some initial advice under the fixed fee scheme.
If the case is urgent and/or you have been threatened with court action then it would generally not be suitable for the fixed fee scheme.
Whilst based in the South of England, Paris Smith acts for businesses and families throughout the UK. Technology has enabled us to provide a high level of service to our clients whether they are local to our offices or not. Our advice can be given in many ways:
- Over the telephone
- Via video conferencing
- In face to face meetings
In our early conversations with you, We will talk through how you would like to be contacted and the best ways for us to meet with you.
Get in touch to speak with an expert.
Introducing your key contacts
Clive Dobbin
Partner and Head of Employment & Sports
David Roath
Partner – Employment Team, Winchester
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