Post-termination restrictions

Advice on 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, their aim is 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

We’ll support you every step

Should it get to point where a former employer decides to act on one of the restrictions, we’ll do all we can to support you. This might include:

• Defending proceedings brought against you for breaching your post-termination restrictions
• Advising you on the types of restrictive covenants your employer is looking to enforce or get you to agree to 
• Helping you to negotiate less restrictive covenants

While it’s important you negotiate covenants at the start of employment, you also need clear advice when it ends. Whatever stage you are at we will provide you with clear, prompt advice with total transparency regarding costs.

Let's talk!

We build our service around your individual needs and situation. Every piece of help and advice we give you will be focused on securing a quick and efficient resolution that works for you.

We’ll give you our expert legal opinion based on the facts of the case and what you want to achieve. You can be confident that we’ll always be open and honest with you, so you’ll always know exactly where you stand.

Call our Employment Law solicitors on 0800 0131165

For an initial chat, at no obligation, or fill out our enquiry form and a solicitor will get in touch.

Enquiry form