Restrictive covenants

 Restrictive covenants are used by employers to protect their businesses when key employees leave.  However, in order to be enforceable, they must go no further than is reasonable to protect the former employer’s legitimate business interests.  Many employers include restrictions which are extremely onerous in the hope that their former employees won’t question them.  The key things to look out for are:

1.  Period of restriction and is it reduced by any period you are on garden leave?
2. Whether you are prevented from working for a competitor or whether you are just prevented from soliciting and dealing with clients/customers you had dealings with during your employment
3. What happens if several of you leave your employer at once (team moves)
4. Whether garden leave is too much of a restriction in itself (may be the case if you have a low basic salary and much of your earnings are based on commission and your notice period is long)
5. How long the restrictions last
6. How easy it is for you to find any other employment whilst the restrictions are in place
7. What interests the employer are trying to protect and whether there are other ways they can do so without restricting your ability to work 

Our lawyers are experienced in reviewing/drafting and advising on restrictive covenants and can help you both at the time of job offer (where such restrictions may be open to negotiation) and at the time of departure (when restrictions may impact your ability to find alternative work).