Employment Lawyers Can Answer Your Employment Law Questions
Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
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Restrictive Covenants on an Employee in Employment Contracts are very difficult to enforce by the Employer on the grounds that they are Restraint of Trade and/or Penalty Clauses which are void on the grounds of public policy. This is because they unfairly restrict a worker in their freedom to contract and freedom to work.
Although Restrictive Covenants are commonplace in employment contracts, and sometimes Employees receive threatening letters from their former Employer demanding a signed undertaking before issuing court proceedings for an injunction (especially in Sales and Recruitment where networking and contacts are the Employer’s stock in trade), this action has “bluff” and “scare” value only.
The only time a Court will entertain enforcing a Restrictive Covenant against an Employee is for a very senior and high paying job such as a Chief Executive of a global company and where there is a legitimate interest of the Employer that they must protect by preventing the employee from working for a competitor for a period of time after the Contract of Employment has ended. Even then, the Employee must have received their own independent legal advice and must have fully appreciated the implications of the Restrictive Covenant.
I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.