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, taking the employer's trade secrets and soliciting the employer's clients and/or staff.

What the Great British Bake Off teaches us about retaining talent

22 Sep 2016

Fans of the Great British Bake Off are still reeling from the news it will move from the BBC to...

Continue Reading Comments { 0 }

Restrictive covenant breach: £30,000 and injunction for employer

22 Aug 2016

In DLA Piper’s latest case report, the High Court awarded damages of £30,000 and gave an injunction to a company...

Continue Reading Comments { 0 }

Employment law in France: five fascinating features

8 Jul 2016

What are the key things international employers need to know about employment law in France? Laura Merrylees looks at five...

Continue Reading Comments { 2 }

Non-competition clauses: Government to examine impact on innovation

26 Apr 2016

The Government is to examine whether or not non-competition clauses in employment contracts are stifling innovation and growth.
Restrictive covenants,...

Continue Reading Comments { 0 }

Restrictive covenant review as the job market recovers

1 Oct 2015

Employers that have not updated restrictive covenants in their employment contracts should do so as the jobs market improves, and...

Continue Reading

TUPE: Protecting employers’ interests with post termination restrictions

3 Jul 2015

Discussions around the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) often place the emphasis on transferring employees’ rights....

Continue Reading
Restrictive covenants

Almost half of employers at risk by failing to review restrictive covenants

29 Jun 2015

Almost half of businesses have not done an audit of senior employees’ contracts in the past year, despite one in...

Continue Reading

Employee misconduct: how to protect the business

10 Jun 2015

A business faced with potentially serious employee misconduct, particularly by someone senior, will face some difficult choices and risks. Yvonne...

Continue Reading

How employers can protect confidential information

29 Apr 2015

Recent statistics have indicated a rise in the number of attempts by employees or former employees to misappropriate an employer’s...

Continue Reading Comments { 1 }
How do you stop old employees poaching clients they are connected to on LinkedIn?

Protecting LinkedIn contacts: how to stop departing employees poaching clients

7 Jan 2015

The risk of employees using contact lists to poach clients when they leave an organisation is nothing new, but the...

Continue Reading
Garden leave: Gardening is not obligatory

Garden leave: the employer’s prerogative

16 Dec 2014

Meriel Schindler, head of employment at Withers LLP,  looks at how employers should respond to employee resignations and how to...

Continue Reading

Key tips for avoiding errors when drafting restrictive covenants

29 Aug 2014

Restrictive covenants are one of the key weapons in the fight against unlawful competition by former employees. Drafting enforceable restrictions...

Continue Reading

When can courts allow inspection of employees’ home computers?

24 Jun 2014

The recent case of Warm Zones v Thurley and Buckley is an important High Court decision that has given increased...

Continue Reading
Garden leave

Is garden leave overrated?

18 Dec 2013

Charles Wynn-Evans questions whether garden leave is all it is cracked up to be or if there are hidden pitfalls...

Continue Reading

Legal opinion: When are restrictive covenants enforceable?

11 Jun 2013

Barrister Paras Gorasia looks at how employers can improve the chances of a restrictive covenant being enforceable. When and whether...

Continue Reading