In our second instalment of our corporate transaction series, we look at the vital role that the due diligence process plays in making a success of any transaction. Having made the decision to acquire a business, the buyer will want to maximise the...
Why should we insist upon restrictive covenants?
Employers can insert provisions in Contracts of Employment preventing individuals undertaking certain activities after their employment with the employer has ended. These restrictions can take various forms but commonly include restrictions on poaching staff, soliciting clients or customers and dealing with clients or suppliers for a certain timeframe. Employers may also be keen to protect an individual from disclosing commercial sensitive information obtained during employment to third parties after termination of their employment.
Are restrictive covenants enforceable?
Whether a post-termination restriction is valid and enforceable will be determined on a case by case basis and is highly fact specific.
We can draft, review or advise you on protecting the business through the implementation or enforcement of any post-termination restrictions.
If you would like to chat to us to see how we can help, please contact us.