Post-Termination Restrictions

Post-termination restrictions ? commonly known as restrictive covenants ? are contractual clauses that limit what a former employee can do after they leave your business. They are designed to protect legitimate business interests such as confidential information, customer relationships and the stability of your workforce.

To be enforceable, a restriction must go no further than is reasonably necessary to protect those interests. Courts will not uphold a clause that is too wide in scope, geography or duration ? so how restrictions are drafted from the outset matters greatly.

We help you to:

• understand the different types of restriction available, including non-compete, non-solicitation of customers, non-dealing and non-poaching of employees
• draft restrictions that are tailored to the seniority of the role and the specific business interests you need to protect
• review and update existing contractual clauses to improve their prospects of enforcement
• advise on the use of garden leave as a complement to, or substitute for, post-termination restrictions
• assess the enforceability of a restriction when a departing employee intends to join a competitor or set up in competition
• take swift action where a former employee has breached their restrictions, including advising on injunctive relief
• respond where a competitor has induced one of your employees to breach their contractual obligations