Post termination restrictions/Restraints of Trade
If we have drafted your employment contracts we will have discussed with you what restrictions you require in order to protect your business should an employee leave.
The general approach by the courts to such restrictions is that they are void and unenforceable except insofar as they are reasonable and necessary to protect legitimate business interests such as for example confidential information.
We work with you to ensure the restrictions put in place are reasonable in terms of geographical restraints and time restrictions.
There are no hard and fast rules about what is definitely enforceable and each case is fact specific.
We tailor the restrictions rather than simply filling in the blanks so that in the event that you ever need to enforce the restrictions the clauses will protect your business rather than simply acting as a deterrent in the contract of employment.
If you are an employee worried about the enforceability of restrictions in your contract of employment, we are able to provide full and commercially sound advice as to your options.
We take full instructions from you and review the relevant restraints when we are in full possession of the facts of your case.
We then provide a full advice as to whether you are legitimately restricted and/or any other options as to how to exit as amicably as possibly from your employment.
If you require advice as to restrictions we will need to see your full contract of employment.
If you would like to meet with one of our team to discuss please contact us on 01133229222.