Restrictive Covenants

A restrictive covenant is a contractual provision that limits an employee’s activities post-employment. These clauses aim to protect the employer’s legitimate business interests by preventing the former employee from engaging in certain activities that could harm the company.
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Types of restrictive covenants include the following:

Non-Compete Clause: This prohibits an employee from working for a competitor or starting a similar business for a specified period and within a defined geographical area.

Non-Solicitation Clause: This restricts former employees from soliciting the employer’s clients, customers, or other employees for a specified duration.

Non-Poaching Clause: Prohibits employees from recruiting or enticing other employees away from the company.

Confidentiality Clause: Restricts the use or disclosure of confidential information obtained during employment, even after the employment relationship ends.

If you have queries or concerns relating to a restrictive covenant in your employment contract or are facing a defending injunction, these are some of the ways in which we can help:

Review and Drafting: We can carefully review your employment contracts to ensure that restrictive covenants are clearly and fairly drafted. If necessary, we can assist in drafting these clauses to align with your business’s specific needs.

Negotiation: In cases where you are negotiating a new employment contract or facing issues with an existing one, our employment solicitors can engage in negotiations to achieve terms that protect your business interests without being overly restrictive on the employee.

Enforcement and Defense: If a dispute arises regarding the enforcement of a restrictive covenant, our solicitors can provide strategic advice and, if necessary, represent you in legal proceedings to enforce or defend against these clauses.

Alternative Dispute Resolution: We explore alternative dispute resolution methods to achieve swift and cost-effective resolutions without resorting to lengthy court proceedings.

At Franklins our employment law experts will work with you to understand your specific situation and offer tailored advice to protect your interests. To arrange an appointment to discuss restrictive covenants or any other aspect of employment law, contact 01908 660966 or 01604 828282, email info@franklins-sols.co.uk or click on the button below.

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