Restrictive covenants are an important tool to protect business interests and are regularly and legitimately included in terms of employment for senior executives and senior employees.
However, restrictive covenants can be unfairly onerous and should be challenged at recruitment if they go too far. They may also be unenforceable if they are drafted incorrectly or try to restrict an executive more than they should.
We routinely advise senior executives in relation to the enforceability of post termination restrictions and employee confidentiality requirements.
We can draft or review documentation on behalf of individual clients to ensure that their position is understood and that their interests are fairly represented.
Our Employment lawyers are also able to advise in the context of employers seeking to enforce restrictive covenants and in particular in relation to exit strategies, pre-action correspondence and defence to legal proceedings in relation to employer recovery of damages and enforcement by way of injunctions.