Restrictive Covenant Solicitors

Employment Lawyers: Restraint of trade clauses or “restrictive covenants”

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Restrictive covenants are normally contained in contracts of employment and operate by restricting former employees from engaging in certain activities after their employment with a business ends. These covenants are created to prevent employees from using the knowledge, information and contacts they developed while working for a business to damage their former employer's legitimate business interests.

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Representing Employers

At Rollingsons, our specialist employment law solicitors are experienced in protecting the interests of employers by drafting and enforcing restrictive covenants. Employees who leave a position and attempt to take the company's clients or other sensitive information with them can have a devastating effect on the business and these situations demand a swift and effective response.

We have significant expertise in pursuing and defending restrictive covenant litigation. Our solicitors are experienced in obtaining injunctions against clients' former employees, thereby preventing them from eroding our clients' business. We have successfully resolved cases involving a variety of former employees, including recruitment consultants and IT professionals. This is intensive and time-sensitive legal work that often requires an emergency hearing before the High Court. Clients appreciate our ability to minimise the potential harm a former employee could cause by managing these issues quickly and cost effectively.

We also help employers avoid litigation by drafting and reviewing contracts of employment that are legally sound and enforceable.

Representing Employees

We advise individuals who may be bound by restrictive covenants. We also represent people who believe the terms of an agreement they have already signed are overly broad or unfairly restrictive.

Restrictive covenants can prohibit former employees from engaging in many different types of activities, including:

  • Using the intellectual property, including business processes and trade secrets of the former employer to the benefit of another business
  • Soliciting other employees to leave the company and join a competitor
  • Targeting the customers of the former employer

Litigating Disputed Agreements

Restrictive covenants seek to limit a former employee from doing a range of things over a specific period of time, these restrictions must be "reasonable" and disputes may arise if the terms of the agreement are overly restrictive.

Our employment law solicitors can draft or review restrictive covenants and litigate disputes over their terms. To arrange a complimentary telephone consultation with an experienced employment law solicitor, please contact us online or call 020 7611 4848.

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