Restrictive covenants and injunctions
The effectiveness and enforceability of post termination restrictive covenants will turn on how well they are drafted. If you want your covenants to do what they are supposed to, you want to take legal action to enforce them, or you are an employee and you need advice on how your covenants will restrict you, this is an area of employment law we know well.
What we do
Post termination restrictive covenants can be a crucial and important part of a contract of employment enabling businesses to protect their trade contacts and confidential information after an employee has left. While they are often thought to be unenforceable, the courts do regularly enforce well-drafted covenants. We see injunctions being granted and damages awarded as a result of court action we have taken on behalf of clients.
We draft all kinds of covenants to protect the business interests of our clients and we also advise on the enforceability of covenants contained in employment contracts and partnership agreements drafted by others. In many cases, a strongly worded letter drafted by us can resolve a problem, but if it does not, we have the necessary expertise and experience to help you litigate and initiate court action, including obtaining an injunction.
We also work with senior employees and executives who have restrictive covenants in their contracts and want to switch employer without breaching their contract. We can advise on the enforceability of the covenants and what steps can be taken to reduce the risks of breaching them.
Who we do it for
We work with clients to understand their business so that we can draft restrictive covenants specifically aimed at protecting what is important to them. We also advise senior employees and partners wanting to move without breaching their covenants.