Restrictive Covenants / Non Compete Clauses

Employees often find non-compete clauses in their Contracts.  We can advise you on the enforceability of these types of employment clauses either when joining a new business, when exiting or if you have just received a warning letter!

Restrictive covenants usually include:

  • non-compete – to prevent former staff working for a competitor
  • non-solicitation – to prevent former staff from soliciting (actively going after) customers
  • non-dealing – to prevent former staff dealing with customers (even if they approach you)
  • non-poaching – preventing former staff from poaching your existing staff (usually particular roles or levels of seniority)
  • non-disruption – preventing former staff from disrupting supply chains (for example)

Are They Enforceable?

The Courts have become increasingly willing to enforce reasonably drafted restrictive covenants. What is reasonable depends on various factors, which your employment solicitor can go through with you. Even if they are enforceable, it may be that we can negotiate the clauses or your employer is unlikely to litigate.

What Next? How Can We Help You?

We can review the restrictive covenants, your current situation and discuss the risks to you, depending on your plans. To know more please do get in touch for advice in the local area including Guildford, Godalming & London.

Are you an employer looking to draft or enforce these clauses? Please see here.

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