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Restrictive Covenants

Redfern Services Employment

Restrictive covenants are a complex beast: in England and Wales, post-termination restrictive covenants will be unenforceable for being in restraint of trade unless the employer can prove that they protect a legitimate interest (such as trade connections, confidential information and workforce stability) and the scope and extent of the covenants are reasonable.

We can advise in detail on the use of restrictive covenants, such as non-solicitation, non-dealing, non-competition, and non-poaching of employees, and we will include appropriate drafting within your contracts to increase the potential for enforceability and therefore protection of your interests.  This is particularly important when you intend to terminate an employee as a failure to do this in accordance with the contract could lead to all covenants falling away.

North American businesses often have a separate confidentiality and transfer of intellectual property rights agreement they ask employees to sign. We say that this agreement must comply with the laws where the employee is working. We can update these agreements so that they are compliant with English law and improve what may otherwise be unenforceable.

Please contact us for further information.