Drafting and Enforcing Restrictive Covenants

Duncan Lewis Employment Law Solicitors – Drafting and Enforcing Restrictive Covenants

Restrictive covenants and post-termination employment agreements are vital to preserving business assets such as intellectually property and client and supplier contacts.

Restrictive covenants must comply with employment law – and must also not be too “narrow” and unreasonably restrictive.

Restrictive covenants can be included in a contract of employment at any level of seniority, although the covenant must not be unreasonable and must be appropriate to the role the employee carries out.

The different types of restrictive covenants are:

• Non-competition covenants – a restrictive covenant on working for a similar company or in a similar field
• Non-dealing covenants – a restrictive covenant preventing an ex-employee doing business with an ex-employer’s clients or suppliers, even if they do not approach them
• Non-poaching covenants – a restrictive covenant which prevents an ex-employee trying to poach former colleague from an ex-employer
• Non-solicitation covenants – a restrictive covenant which prevents an ex-employee trying to poach suppliers or clients.

It is advisable to seek expert legal advice on restrictive covenants from Duncan Lewis when contracts are being drawn up or updated.

Duncan Lewis can review existing contracts for all levels of staff – including senior executives – and advise on the enforceability of the contract, including potential issues involving time periods and geographical areas applicable to the covenant.

In cases where an employee is in breach of a restrictive covenant, Duncan Lewis employment solicitors can act swiftly to protect an employer’s interests, including applying for emergency injunctions to protect confidential information or prevent an ex-employee soliciting or poaching ex-colleagues or an ex-employer’s clients or suppliers.

Duncan Lewis employment law solicitors can also advise businesses on claims for damages against an ex-employee who has breached a covenant, resulting in loss to the business.

Duncan Lewis Employment Law Solicitors – How we can help you

Duncan Lewis has highly successful employment law and litigation departments able to advise on restrictive covenants and pursue any ex-employee who breaches a covenant for damages.

Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters, so can understand potentially contentious employment matters from both sides, including high-cost employment cases.

The Duncan Lewis employment team can represent all types of employers, both large and small in matters under the Employment Rights Act 1996 and other relevant employment legislation.

Duncan Lewis also has successful departments covering civil liberties and the Human Rights Act, as well as finance, property and housing, family and childcare, mental health, personal injury and immigration law – all of which may be relevant or offer additional insight into employment matters.

Our in-house experts are on hand to advise whenever necessary in an employment matter.

Duncan Lewis Employment Law Solicitors – Fees

Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options to suit all sizes of business:

• No-win-no-fee
• Damage based fee
• Contingency fee
• Fixed fees (for specific tasks)
• Insurance funded cases.

Duncan Lewis Employment Law Solicitors – When to contact us

If you have a problem with employment matters and restrictive covenants, it is important to take legal advice as soon as possible before a situation escalates.

Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter – including advising on drafting restrictive covenants in employment contracts at all levels of seniority and across all business sectors.

Duncan Lewis employment solicitors also offer reviews of employment contracts.

Duncan Lewis also has a successful track record in advising companies and employers on employment disputes involving restrictive covenants and their enforceability.

Duncan Lewis Employment Law Solicitors – How to contact us

Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.

For expert legal advice on employment law and drafting and enforcing restrictive covenants, call Duncan Lewis employment solicitors on 020 7923 4020.