It is essential that executives consider and understand the implications of restrictive covenants at the time of recruitment so that they can anticipate and manage potential issues.
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.
Recent examples of our work in this area include:
- Advising a senior executive joining a PLC on the enforceability and effect of post-termination restrictive covenants in their new service agreement
- Advising a Chief Executive of an international business on the post termination covenants in their contract of employment and securing, as part of a settlement agreement, a significant reduction in the scope of the covenants
- Defending a former senior employee accused of misuse of confidential information and database rights issues
- Advising on the risks of pursuing a team move to a competing business in the legal sector
- Advising a senior employee and new employer in relation to allegations of breach of restrictive covenants and theft of confidential information in the retail sector
- Assisting a senior executive understand the scope of the restrictive covenants they were being asked to accept, particularly in the context of business connections and knowledge they were bringing to their new employer.
Why use Myerson’s Employment Team?
Our specialist team of employment solicitors is described in the independent Legal 500 directory as “excellent”. In addition, both Partners in our team are recommended by the Legal 500. Therefore, you can be reassured that you will deal with some of the best employment solicitors in the country.
We are determined and robust on your behalf, but also easy to deal with and clear in our advice. We will fight your corner but understand that a common sense approach is often required in order to find solutions that work for you in the context of your professional and personal circumstances.
Collectively, we have over fifty years’ experience of providing strategic employment law advice to senior individuals and others facing difficult work-place issues and who need support and guidance in:
- understanding their legal rights and their practical options; and
- achieving the best possible outcome, whether at the start, during or at the end of their working relationship.
Our ethos is to provide our clients with an alternative to the major regional and national firms by offering high quality legal advice from highly experienced, specialist lawyers, but on a much more cost-effective basis.
In particular, we offer:
- Clear and straightforward advice.
- Cost-effective support and certainty on costs where you need it.
- Extensive experience of advising senior executives, directors, partners and others with complex employment concerns, including discrimination issues and group claims.
- A credible team that is used to dealing with and acting against large employers and law firms on behalf of our clients.
Our approach to costs
We know that clarity on costs is vitally important to our clients. As standard practice, we give our clients an estimate of the costs involved in undertaking any piece of work at the outset. We then provide costs updates on a regular basis.
We work closely with our clients to ensure that we meet their expectations both in terms of their objectives for a particular piece of work and in relation to costs. In addition, we are happy to discuss fixed fees and retainer arrangements if that is helpful to you.
How We Can Help
A member of our specialist team will be happy to help.
To discuss Restrictive Covenants issues, please either use the contact form on the right, email us at email@example.com or call us today on +44(0)161 941 4000 to speak to a member of our team.