Post Termination Restrictive Covenants & Confidentiality

Post termination restrictive covenants are contractual clauses which aim to restrict an employee’s activities in competition with your business after the employment relationship has ended.

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Post termination restrictive covenants are particularly important in the contracts of employment of key employees, who are in possession of confidential information or have good relationships with your customers and may have influence over other members of staff.

The typical post termination restriction:

  • Non-compete
  • Non-deal
  • Non-solicit
  • Non-poach of employees

The use of confidential information should also be restricted.

Generally, clauses contained like this which attempt to restrict an employee’s right to compete cannot be enforced unless they are drafted to go no further than is reasonably necessary to protect the employer’s legitimate business interests. Therefore they need to be carefully drafted to be effective.

Restrictive covenants are a complex and evolving area of employment law. It is vital therefore to get specialist advice. We will work closely with you to understand what you need to achieve from a restrictive covenant and develop the best solution possible.