For Business

Post-termination Restrictions

Post-termination Restrictions

Post-termination restrictions are essential to enable you to protect your business interests. Our specialist employment law solicitors can provide all the advice and guidance you need.

We offer a bespoke contract review and drafting service to employers, providing clear, practical advice about negotiating post-termination restrictions in employment contracts as well as other agreements, such as partnership agreements and share option agreements.

We advise a wide range of businesses, from owner-managed companies, small and medium enterprises and partnerships to large national and international corporations.

Our commercially-minded team are at the forefront of legal and policy developments in this area, such as developments around the use of non-complete clauses in employment contracts. So, we are fully equipped to provide accurate, future-proof advice tailored to suit your business’s needs and objectives.

We can also assist with employment disputes involving post-termination restrictions, including breaches.

So, if you require expert advice about post-termination restrictions or skilled contract drafting and review services, please contact us.

You can get in touch with our employment lawyers in Farnham by giving us a call or emailing us at enquiries@baker-law-co.uk.

Our expertise with post-termination restrictions

Our specialist service includes:

  • Reviewing and drafting post-termination restrictions in contracts of employment and other types of contract.
  • Negotiating the scope of post-termination restrictions.
  • Advising on existing post-termination restrictions, such as their reasonableness, enforceability and scope.
  • Bringing and defending proceedings for breach of post-termination restrictions, including injunctions and claims for damages.

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 commercially sensitive information obtained during employment to third parties after termination of their employment.

What types of post-termination restrictions are there?

Restrictions commonly found in employment contracts include:

  • Non-complete clauses – to prevent employees from leaving a business to work for a competitor or becoming involved in a competing business (including setting up their own freelance business).
  • Non-solicitation clauses – to prevent a former employer from approaching employees, customers and clients from the employer’s business.
  • Non-dealership clauses – to prevent a former employee doing business with the employer’s employees, former employees, customers or clients.
  • Confidentiality clauses – to prevent a former employee from divulging sensitive information about the employer and its customers or clients.

We can provide advice in relation to all types of restriction.

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.

Are non-compete clauses still valid and enforceable?

Non-compete clauses may be enforceable depending on the circumstances. The restrictions must be ‘reasonable’ in light of the employer’s legitimate business interests. Non-compete clauses that are too restrictive, for example, because they prevent the former employee from finding subsequent employment may be challenged.

The government recently consulted on the use of post-termination non-compete clauses in contracts of employment, the aim being that such clauses reduce competition and workers’ opportunities to drive economic growth.

No action has yet been taken to ban the use of non-complete clauses outright; the government is considering a range of options, such as only allowing such clauses to be enforceable where the employer compensates the restricted worker.

If you are concerned about the use of non-compete clauses, please get in touch for tailored advice from our employment law experts.

Our fees for advice about post-termination restrictions

We offer flexible funding options to enable you to budget for the employment law advice you need with confidence.

In some cases, we can act on a fixed fee basis, giving you certainty over the costs involved.

Where you need ongoing advice or support, or there is a dispute involved requiring a bespoke service, we will typically charge a fixed hourly rate. We will always discuss our fees with you in advance and the budget will be agreed, allowing you to stay in control of your legal spend.

Find out more about our pricing.

Contact our post-termination restrictions solicitors in Farnham

If you require expert advice about post-termination restrictions or skilled contract drafting and review services, please contact us.

You can get in touch with our employment lawyers in Farnham by giving us a call or emailing us at enquiries@baker-law-co.uk.

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