Advice relating to post-termination restrictions

Restrictive covenants will only be valid if they protect a legitimate business aim and the protection is no more than is reasonable to protect the interests of both parties and the public.

The reasonableness of each restriction must be considered in light of who the employee is. As such if exceptionally burdensome restrictions are placed on a junior employee they are less likely to be enforceable.

They will not be enforceable if the employer has made a fundamental breach of contract that the employee has not affirmed.

If a clause is found to be enforceable and an employee is in breach an employee may result in, the employee having to pay damages, account for their profits or be subject to an injunction preventing them from carrying out the action which caused the breach. The best way to avoid being subject to such proceedings is to refrain from carrying out the actions in the clauses or to get written agreement of release from the covenants.

Here to help

Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.

Latest Employment News

4 minute read

Understanding Mutually Agreed Resignation Schemes (MARS)

4 minute read

The Right to Request Flexible Working – A Day 1 Right

4 minute read

NatWest’s ban of WhatsApp and Facebook messenger – Should employers do the same?

4 minute read

Preventing Sexual Harassment in the Workplace: Anti-Harassment Policy

Our offices

Bournemouth
302 Charminster Road
Bournemouth
Dorset
BH8 9RU
01202 525333
Contact Bournemouth Bournemouth
London
Office 320 107 – 111 Fleet Street
London
EC4A 2AB
02039 784720
Contact London London
Poole
14a Haven Road
Canford Cliffs
Poole
Dorset
BH13 7LP
01202 709898
Contact Poole Poole
Ringwood
Monmouth Court
Southampton Road
Ringwood
Hampshire
BH24 1HE
01425 484848
Contact Ringwood Ringwood
Swanage
55 High Street
Swanage
Dorset
BH19 2LT
01929 422233
Contact Swanage Swanage
Wimborne
39a East Street
Wimborne
Dorset
BH21 1DX
01202 057676
Contact Wimborne Wimborne