July 6, 2020
Data Protection – the Return to Work Safely Protocol
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Restrictive Covenants Advice for Employees
It is common practice 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’. By restricting employee rights, employers are typically seeking to protect their own business or organisational interests.
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 team of employment law Solicitors can provide you with sharp, insightful legal guidance which will protect your best interests.
Not all contracts of employment will contain restrictive covenants, and those that do will typically vary between employers, depending on the specific interests they were seeking to protect when it was drafted. Restrictive covenants may seek to prevent employees from:
Employers may include very specific terms and dates on restrictive covenants, and, therefore, before signing an employment contract, it is important you read each in detail and understand all of the implications and consequences.
Just because an employer has included provision for specific restrictive covenants, the Court may not uphold them. As such, some restrictive covenants may be enforceable, but others may not be. If the Court are asked to rule on a legal matter in relation to restrictive covenants, they will consider three key questions:
Employers must ensure restrictive covenants are not included as a blanket provision, and therefore must be carefully considered for each individual role. This is because the restrictions which may reasonably be included for a senior company director will typically differ from a more junior member of staff.
Lavelle Partners work with Talbot Pierce 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.
For further information on employment contract restrictive covenants in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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