Restrictive Covenant Solicitors
Why Choose Atkins Dellow as your Restrictive Covenants Solicitor?
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Restrictive Covenants FAQs
Are Restrictive Covenants Enforceable?
It depends on the circumstances of each restriction. But, in general, post-termination restrictive covenants are only enforceable if they are deemed reasonable to protect a legitimate business interest.
These will be things like:
- Trade secrets
- Prospective or existing clients
- Confidential information
- Connections with suppliers
- Employees of the business
What will the court look at to decide if a restrictive covenant is enforceable?
The court will look at all the circumstances of the case. These can include:
- Whether the employer has legitimate business interests that have to be protected.
- Whether the restrictive covenant is found to deny the employee the right to make a living in their chosen industry or field.
- Whether the restriction is longer than is necessary to protect the interest of the employer.
- Whether the restrictive covenant is wider than is necessary to protect the interest of the employer.
- The position the employee held in the business while employed.
The amount of ‘confidential information’ the employee had access to while they were employed by the business.
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