Restrictive Covenant Solicitors

If you are a senior executive, director or senior manager, or you are in a role where you have influence over clients or customers, it is likely that there will be post-termination restrictive covenants included in your employment contract. These contractual clauses can restrict what you can do both during your employment and after it ends.  

If you need advice about restrictive covenants in your contract, speak to our expert solicitors today.

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Restrictive Covenant Advice

Restrictive covenants are designed to protect your employer. However, these restrictions can severely limit both your future employment options and your earning potential.  

If you are concerned about how restrictive covenants in your employment contract might affect you, we recommend seeking legal advice as early as possible. Our expert solicitors have years of experience advising individuals on restrictive covenants across a range of industries. 

For more information on how we can assist you, please contact one of our employment lawyers. 

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What are Restrictive Covenants?

Many types of post-termination restrictions exist. However, the most common types are: 

  • Confidentiality. This is a requirement to keep confidential information and trade secrets to yourself. However, it is important to remember that even if your contract does not include an express confidentiality clause, you are still likely to owe duties to your employer. 
  • Non-poaching. This prevents you from taking other members of your employer’s staff with you when you move to new employment. 
  • Non-solicitation. This prevents you from trying to obtain business from your employer’s customers or prospective customers. 
  • Non-dealing. This is when a bar is put in place preventing you from dealing with any of your former employer’s customers or potential customers. 
  • Non-competition. This prevents you from working for any of your employer’s competition or starting a business that directly competes with your employer.
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Our Restrictive Covenant Services

Restrictive covenants are often drafted carelessly, or employers fail to update them when offering promotions to senior roles. Whilst the Courts have more recently been inclined to uphold these sorts of protections for employers, the wording of the restrictions can be challenged in the right cases, rendering them completely unenforceable. Breaching a valid restrictive covenant can result in very expensive injunctive proceedings and a claim for compensation against you, so before assuming the restriction is unenforceable, you should take legal advice.    

Our expert team of solicitors specialise in advice on employment contracts and  restrictive covenants and have advised across a variety of industries. We can assist with interpretation of the clauses and offer you clear and robust advice on whether they are legally enforceable and if so, how to deal with them.  

Our experienced lawyers will look at your contract in detail, discuss the nature of your role with you and accurately assess the enforceability of the restrictions. We offer: 

  • Initial review and advice. 
  • Assistance with termination package negotiations. 
  • Advice and legal representation if you are threatened with injunctive relief or being sued for compensation.  

Getting it wrong can have very serious implications.  Claims for damages and legal costs against you can be substantial. At Morrish Solicitors, we will do all we can to help you avoid lengthy and stressful litigation. 

Are post-termination restrictions legally enforceable?

If your employment contract contains restrictive covenants, you may want to know if they are enforceable in law. The clause must not go further than reasonably necessary to protect your employer’s legitimate business interests. If the clause goes too far, the duration of the covenant is deemed too long, or the geography too wide, it may not be enforceable. 

Why Morrish Solicitors?

Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.

Personal service

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.

Expert advice, no matter where you live

All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.

Want more information? Contact a member of our team today.

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Meet the Employment Rights Team

Daniel Kindell

Partner & Head of Employment

David Sorensen

Managing Partner

Paul Scholey

Employment Consultant

Tony Rippon

Associate Solicitor, Employment

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Associate Solicitor, Employment

Hanan Hewitson

Employment Solicitor

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Senior Solicitor, Employment

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Employment Solicitor

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Employment Solicitor

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Employment Solicitor

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