A restrictive covenant is a term in a contract of Employment which tries to impose conditions on an Employee from working beyond the life of their contract.

Typical examples might seek to restrict an ex-Employee from working in a particular location or geographical area for an agreed length of time, or working in a particular role. The intention is to protect the Employer, and to reduce the risk that they lose out to a competitor. This is done by trying to prevent an ex-Employee from taking their knowledge or skill to a competitor.

The Court’s view is that there is a balance to be struck between the interests of the Employer and the Employee.

The Attwaters Jameson Hill Employment Law team has a proven track record of successfully assisting Employers in dealing with this type of clause, the Court’s likely view, and the implications of breaching the relevant terms.

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