Post-termination restrictions

Employment contracts often include post-termination restrictions, especially for senior executives. Sometimes, these restrictions appear in separate sections, but sometimes, they are hidden in the main body of the contract. No matter where they appear, they aim to restrict your activities should you leave your job – and you need to get professional advice to ensure they aren’t too restrictive.

What your employer can, and cannot, do

Many employers would say it’s reasonable to have some form of restrictive covenant in place for key employees. It’s a valid argument, but the restrictions may be overly complex or too vague to be enforceable. If they are enforceable, however, the risks could be significant to you. If you breach the term then you could face a claim for damage or a High Court injunction. In any case, a solicitor well versed in every aspect employment law will help you make sense of this often complex issue.

How we can help you

We regularly work on cases involving restrictive covenants and their enforceability. We advise both employers and employees, up to and including High Court proceedings. We understand the situation from both perspectives, which gives us a unique perspective when it comes to advising you and suggesting the best way forward.

Every case is different, so our advice is tailored to you and your situation. But the sort of issues we deal with most commonly include:

• Whether the restrictions are reasonable or enforceable 
• What the restrictions prevent or allow 
• Advising you on restrictions going into new employment 
• Negotiating clauses for you