Typically a restrictive covenant is a clause in a contract which prohibits an employee from competing with his ex-employer for a certain period of time after the employee leaves the business. It can also be used to prevent the ex-employee from soliciting or dealing with customers of the business by using any information gained about customers during their employment.
As a starting point any restriction to ex-employees post-termination is void on the grounds that it is a restraint of trade and contrary to public policy. However, providing the ex-employer can prove that the restrictive covenant is in order to protect a legitimate business interest and that it extends no further than is reasonably necessary to protect those interests then it is likely to be enforceable.
If you are an employee who has fallen foul of the restrictions in your contract, contact one of our specialist employment lawyers to discuss your options.
Please submit your information and a member of the Poole Alcock team will respond to you as soon as possible. If you have a quick question, please feel free to call 0800 389 7093.