Confidentiality and post termination restiections

We help companies protect their confidential information and trade secrets. To do this they must ensure that employment contracts contain suitable protection by way of confidentiality clauses and restrictive covenants.

We can draft bespoke confidentiality provisions and restrictive covenants into contracts which cover:

  • poaching of employees
  • non-dealing with competitors
  • non-competition
  • non-solicitation of clients

A restrictive covenant imposes restrictions on what an employee can do both during and after leaving employment and can include:

  • restrictions on location
  • a period of time for which the covenant will apply
  • restrictions on the type of work and activities that can be undertaken

What can you expect

Very often the court will decide that restrictive covenants do not apply.

A contractual term restricting an employee's activities after termination is void (not enforceable) for being in restraint of trade and contrary to public policy, unless the employer can show that:

  • it has a legitimate proprietary interest that is appropriate to protect; and
  • the protection sought is no more than is reasonable having regard to the interests of the parties and the public interest. 

If there is a legitimate interest to protect, you should only impose a restriction that is no wider than reasonably necessary to protect that interest. This will involve limiting the covenant not only by reference to the restricted activities themselves but also by reference to the period and (if appropriate) the geographical extent of its application. Failure to do so may result in the covenant being treated as having too wide a scope and being, therefore, potentially void.

We can advise you on how best to protect your business by restricting former employees with Restrictive Covenants  that should apply.

We can also  advise on how to deal with suspected breaches of post-termination restrictions and we can where appropriate obtain High Court injunctions to enforce restrictive covenants and pursue associated damages claims.

Please telephone and speak to one of our employment lawyers for free on 0333 003 1767 (8.30am – 9pm weekdays, 10am – 4pm weekends) or fill in the online form to request a call back and someone will ring you within 24 hours.

You can access any of our commercial employment lawyers at any of our offices spread throughout Surrey, Hampshire and Greater London including Kingston upon Thames, Bordon, Cheam, Canary Wharf, Leatherhead, Raynes Park, Surbiton, Tolworth or Walton on Thames.