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.
For details of our insurance-based protection product and the advice that goes with it: