If you need to protect your business with restrictive covenants and confidentiality provisions, our solicitors will help you draft legally compliant terms.
A restrictive covenant will only be enforceable if it goes no further than necessary to protect your legitimate business interests, such as confidentiality and client connections. The restrictions need to be drafted carefully and in an appropriate manner for the situation in hand.
For example, if you can show that a three month restrictive covenant prohibiting one of your employees from dealing with your clients would adequately protect your business, a restrictive covenant prohibiting the employee from joining a competitor for six months is likely to be unenforceable.
Each case will depend on the circumstances and the Courts consider various factors such as the industry norm, the seniority of the employee, the length of the restriction and the relevant geographical territory.
It is therefore essential to ensure that your restrictive covenants are specifically tailored, and our solicitors will be happy to help you ensure that your organisation is properly protected.
Even with robust restrictions, there is of course always a risk that one or more of your employees or ex-employees could breach their obligations. If you do have a dispute, we can also represent you. We are well versed in conducting litigation, including injunctions in the High Court.
For any queries on restrictive covenants and confidentiality please do not hesitate to get in touch.