Our Employment Team are highly experienced in advising employers and employees in relation to Restrictive Covenants and Non-Compete agreements.
Restrictive Covenants Explained
All businesses and organisations seek to protect their intellectual property, client base and market share; thereby protecting their interests and those of their shareholders and employees.
A common practice is for employers to include specific terms within employment contracts to place restrictions on workers once they leave their employment. These are referred to in employment law as ‘Restrictive Covenants’.
This means that if employees leave the organisation, for a fixed time period, they would have restrictions imposed on taking staff or clients with them or seeking to benefit from confidential information gleaned during their employment.
While this is perfectly understandable, restrictive covenants must be drafted in a specific way to ensure they are enforceable (should the time ever come) and lawful.
Restrictive Covenants Requirements
Restrictive covenants may not be included in all of your employment contracts, however, they may be included in those of senior staff members, who are privy to greater levels of access and information than junior individuals, and also may be more in a position to pose a risk to your commercial interests immediately after departing your organisation. Indeed, by placing restrictive covenants into the employment contracts of junior staff, these may not be enforceable.
Our Restrictive Covenants Expertise
If you are a prospective employee, employee, or former employee, and you need guidance on restrictive covenants within a contract of employment provided by your employer, our specialist Employment law team can provide you with sharp, insightful legal guidance which will protect your best interests.
Our Multi-Disciplinary Expertise
As a full-service law firm, client's benefit from our multi-disciplinary expertise, where we collaborate with solicitors in other practice areas to provide you with expert legal advice and guidance which meets your needs. Our Employment Solicitors regularly liaise with our Corporate & Commercial, Property and Litigation & Dispute Resolution Teams as appropriate.
Our Partnership with Talbot Pierce
Lavelle Partners work with Talbot Pierce Consulting to provide a seamless service in respect of Human Resource Management.
Talbot Pierce are a team of specialist HR professionals who work with us on a range of matters including advice on and delivery of conflict/dispute resolution solutions, best-practice HR strategies, policies and procedures.
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