These are sometimes also called “Post-termination restrictions”. These are restrictions on an employee’s right to take up a position in competition with their previous role, even after termination of their previous employment.

Although these are a restraint of trade, they are permissible under certain circumstances. This is a dynamic area of law, heavily dependent on recent case law. We can assist businesses who wish to enforce any restrictive covenants where former employees are in breach.

Conversely, we can act for employees who may have concerns about the enforceability of any restrictive covenants in their current or proposed employment contract.