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Post-termination restrictive covenants

Post-termination restrictive covenants

Competition is a concern for most businesses, but it shouldn’t come from your own employees. Anyone leaving a company can potentially take knowledge, staff and clients with them, putting the growth and prosperity of your business at risk.

By including post-termination restrictive covenants in an employee’s contract, you can limit an employee’s activities that are in direct competition with your business. However, these contractual conditions can often be overlooked by employers – particularly at the start of a working relationship – with the mistaken belief that the restrictions may jeopardise an acceptance of employment.

Restrictive covenants may equally appear in contracts as standard, with little thought as to whether they would ever be enforceable. It’s therefore important that post-termination restrictive covenants are considered at the start of any working relationship, as well as being updated as the relationship continues, ensuring they are uniquely tailored to an individual and their respective role within an organisation

The speed of their service levels combined with high quality advice always exceeds our expectations and as a result we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Employment Law to any business.” 
Operations Director, Professional Services

How Loch Employment Law can help

Loch Employment Law can help you to add a range of restrictive covenants to your contracts, which may include provisions for the following:

  • Non-compete clauses – restricting employees from operating in competition with you (either in the employment of another organisation or independently as a freelancer)
  • Intellectual property – restricting employees from sharing information that benefits a competitor
  • General confidentiality – restricting sensitive information and trade secrets
  • Protecting your client list – restricting employees from taking your contacts or working with your clients
  • Staff poaching clauses – restricting ex-staff members from approaching employees with job offers
  • Garden leave – restricting a former staff member’s employment activities during their paid notice period

Our employment lawyers are experts in drafting enforceable restrictive covenants restrictive covenants that are specifically appropriate for the role in question – ensuring your future interests are safeguarded in the best possible way.

Ongoing support and advice

As job roles change over time either as a result or promotion or change of duties, it is important that employment contracts are updated to reflect the changes – this includes adding or removing restrictions based on the new role and ensuring they are enforceable changes.

Loch Employment Law will not only ensure that you have the appropriate clauses in place from the start of your employment relationship, but can work with you as an employee progresses, providing ongoing protection for your business.

“The expertise of Loch Employment Law made me feel in very safe hands. Caroline was thorough at explaining the legal situation, giving clear advice and was committed to getting me a fair outcome.
Senior Professional

“Thanks for all your help. Very impressed how you pressed the negotiations forward on Wednesday to allow us to reach a quick resolution.”
App Developer

“Being a new employer can be very daunting but she gave me the confidence to forge ahead with the process always explaining things in a straight forward manner.” Dave Mac, Employer

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