Advice relating to post-termination restrictions

Restrictive covenants will only be valid if they protect a legitimate business aim and the protection is no more than is reasonable to protect the interests of both parties and the public.

The reasonableness of each restriction must be considered in light of who the employee is. As such if exceptionally burdensome restrictions are placed on a junior employee they are less likely to be enforceable.

They will not be enforceable if the employer has made a fundamental breach of contract that the employee has not affirmed.

If a clause is found to be enforceable and an employee is in breach an employee may result in, the employee having to pay damages, account for their profits or be subject to an injunction preventing them from carrying out the action which caused the breach. The best way to avoid being subject to such proceedings is to refrain from carrying out the actions in the clauses or to get written agreement of release from the covenants.

Our Experts

Kate Brooks

Partner, Solicitor & Head of Employment/HR Services

View All Experts
Hannah Johnson


View All Experts
Rebecca Bennett


View All Experts

Here to help

Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.

Latest Employment News

3 minute read

If I make a personal injury claim against my employer, will I lose my job?

4 minute read

Supreme Court due to provide clarity on holiday pay calculation for workers with irregular hours

3 minute read

Temporary right to work checks extended until 30 September 2022

4 minute read

Employment law changes: April 2022

Our offices

302 Charminster Road Bournemouth Dorset BH8 9RU
01202 525333 Contact
Office 320 107 – 111 Fleet Street London EC4A 2AB
02039 784720 Contact
14a Haven RoadCanford Cliffs, Poole Dorset BH13 7LP
01202 709898 Contact
Monmouth Court Southampton Road, Ringwood Hampshire BH24 1HE
01425 484848 Contact
55 High Street Swanage Dorset BH19 2LT
01929 422233 Contact
39a East Street Wimborne Dorset BH21 1DX
01202 057676 Contact