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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.

Chambers Alternative 500

Introducing your key contacts

Clive Dobbin

Partner and Head of Employment, Southampton

David Roath

Partner – Employment Team, Winchester

How we’ve helped our clients

“I have known Clive through local channels for many years and knew he was highly respected. I decided to pass our next employment case to Clive. Clive kicked into gear quickly and efficiently. We won a very important case in regards of restrictive covenants and our costs got covered by the other side – very happy with that result. Clive is a no nonsense, practical, lawyer who gives us advice to be able make our decisions well and move our business forward.”

Lorna Hayes, MD – Churches Fire

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