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Restrictive covenants

A restrictive covenant is an agreement (usually a clause within a contract of employment) between an employer and an employee that restrains the employee from carrying out certain actions both during employment and in the event that the employment ceases.

The actions that covenants commonly seek to prevent a former employee from carrying out include: competing with the employer (a non-compete clause), taking the employer’s trade secrets and soliciting the employer’s clients and/or staff.


    • USA
    • Latest News
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    US trade commission votes to ban non-compete clauses

    by Jo Faragher 24 Apr 2024
    by Jo Faragher 24 Apr 2024

    The US Federal Trade Commission has voted to adopt a ban on non-compete clauses that prevent workers from switching jobs within the same industry.

    • Latest News
    • Ireland
    • Restrictive covenants

    Tech firm founder wins record unfair dismissal claim

    by Rob Moss 23 Feb 2024
    by Rob Moss 23 Feb 2024

    Mick Kiely, founder of music tech firm Xhail, wins unfair dismissal claim worth nearly €0.5m at Ireland's Workplace Relations Commission

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    • Employment law
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    Non-compete clauses and proposed limits on their duration

    by Rob Moss 12 May 2023
    by Rob Moss 12 May 2023

    Legal experts react to a proposed time limit being introduced by government on non-compete clauses in employment contracts.

    • Latest News
    • Economics, government & business
    • Minimum wage

    Restrictive covenants: low income workers and the new exclusivity ban

    by Clare Davis 9 Dec 2022
    by Clare Davis 9 Dec 2022

    New regulations make any contractual term unenforceable if it prohibits a low-income worker from working for or providing services to another employer or only permits it with the current employer’s consent.

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    Do your employment contracts address modern legal risks?

    by Joanna Sutton 11 Oct 2022
    by Joanna Sutton 11 Oct 2022

    Are your organisation’s employment contracts and restrictive covenants suitable for the new world of work?

    • Employment law
    • Latest News
    • Employment contracts

    Should employers pay for restrictive covenants?

    by Justin T Tarka 8 Jul 2022
    by Justin T Tarka 8 Jul 2022

    What are the pros and cons of requiring employers to pay staff if they want to enforce a restrictive covenant?

    • Collective redundancy
    • Civil Service
    • Latest News

    Insolvency Service launches criminal probe into P&O Ferries sackings

    by Adam McCulloch 1 Apr 2022
    by Adam McCulloch 1 Apr 2022

    At the request of ministers the Insolvency Service has begun criminal and civil investigations into the P&O Ferries redundancies.

    • Fire and rehire
    • Collective redundancy
    • Corporate governance

    Chief executive of P&O Ferries asked by MP: ‘Are you just a shameless criminal?’

    by Adam McCulloch 24 Mar 2022
    by Adam McCulloch 24 Mar 2022

    P&O Ferries boss Hebblethwaite admits potentially criminal actions to MPs; transport secretary Grant Shapps at Dubai meeting when ‘major changes’ firm were discussed.

    • Latest News
    • Legal opinion
    • Restrictive covenants

    Reforming non-competes? ‘Anti-business, worrying, unnecessary’

    by Personnel Today 7 Dec 2020
    by Personnel Today 7 Dec 2020

    The government’s determination to curtail the use of non-compete clauses in employment contracts has been met with concern by legal...

    • Department for Business and Trade (DBT)
    • Latest News
    • Restrictive covenants

    ‘Unfair’ non-compete and exclusivity clauses to be curtailed

    by Rob Moss 4 Dec 2020
    by Rob Moss 4 Dec 2020

    The government has confirmed it intends to crack down on and potentially ban the use of non-compete clauses in employment...

    • Brexit
    • Department for Business and Trade (DBT)
    • Latest News

    Government to limit use of non-compete clauses

    by Rob Moss 1 Dec 2020
    by Rob Moss 1 Dec 2020

    The government is looking to limit the use of non-compete clauses in an effort to stimulate a more entrepreneurial culture,...

    • Latest News
    • Employment contracts
    • Legal opinion

    Employers watch BBC’s social media struggles with interest

    by Adam McCulloch 1 Oct 2020
    by Adam McCulloch 1 Oct 2020

    Legal expert says BBC's new impartiality drive has lessons for businesses worried over brand damage from employees' posts.

    • Written statement of employment particulars
    • Latest News
    • Employment contracts

    Should you enforce restrictive covenants during a pandemic?

    by Imogen Finnegan 25 Aug 2020
    by Imogen Finnegan 25 Aug 2020

    With so many redundancies in the air, it's time for companies to reassess their attitudes towards restrictive covenants, argues Imogen Finnegan.

    • General Data Protection Regulation
    • Acas
    • Case law

    ‘All views my own’: Monitoring employees’ social media

    by Daniel Piddington 18 Aug 2020
    by Daniel Piddington 18 Aug 2020

    Social media has grown in use exponentially since Facebook was launched 16 years ago, and so has the risk to...

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