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At Stephensons, our employment law specialists offer experienced legal advice and representation to employees concerned about restrictive covenants in employment contracts. Whether you are considering a new job offer, negotiating contract terms, or facing legal action due to an alleged breach of a restrictive covenant, we can provide the guidance and support you need to understand your rights and obligations.
Restrictive covenants are provisions included in employment agreements that seek to limit certain actions of an employee after their employment has ended. These can significantly impact your career and future employment opportunities. Our solicitors are here to ensure these restrictions are fair, enforceable, and do not unlawfully prevent you from working in your chosen field.
Restrictive covenants are designed to protect a business's legitimate interests after an employee leaves. Though often used to safeguard confidential information, client relationships, and business stability, these clauses must be carefully drafted to be legally enforceable. If not, the courts may deem them void for being in restraint of trade.
There are several types of restrictive covenants commonly found in employment contracts:
These covenants must be necessary to protect legitimate business interests and must go no further than reasonably necessary in terms of scope, duration, and geographical area. If you are unsure whether a covenant in your contract is enforceable or fair, our employment law team can provide clarity and professional representation.
Restrictive covenants can have a significant impact on your employment prospects following the end of a role. While your employer has the right to protect business interests, such clauses should not unduly prevent you from earning a living or working in your industry.
In the UK, courts carefully consider these provisions on a case-by-case basis. If a restrictive covenant is too wide in terms of time, scope, or area, it may be struck out entirely. However, some courts have upheld reasonably drafted clauses, especially for senior employees or those handling sensitive client relationships. It is essential that you understand your position before taking your next career step.
At Stephensons, we advise on the enforceability of restrictive covenants and assess whether such provisions are likely to be upheld by a court. We can also help you negotiate the terms of a new contract or assist in defending against allegations of breach from a former employer.
Stephensons is a leading UK law firm recognised for our exceptional client service and legal expertise. Our employment law team has extensive experience advising individuals on complex contractual matters, including challenging restrictive covenants. We provide clear, professional advice tailored to your circumstances, whether you are an employee, director, or senior executive.
We are accredited by the Law Society in multiple legal areas, demonstrating our commitment to high standards of practice. Notably, our firm holds the Lexcel accreditation, a mark of excellence in legal practice management and client care. Our employment solicitors are also members of the Employment Lawyers Association (ELA), ensuring we remain at the forefront of employment law developments and best practice.
Additionally, Stephensons' heritage in representing individuals across complex legal matters, including regulatory and criminal defence, gives us a unique edge in understanding and advising on professional and reputational implications of contract disputes, including alleged breaches of restrictive covenants.
Our solicitors can assist you at every stage of your employment journey. Whether you are entering into a new contract and wish to understand the implications of the restrictive covenants included, or you are leaving a role and concerned about how restrictions may affect your future, we can help.
Our services include:
Our objective is to protect your rights and your future career. We act quickly and decisively when urgent legal advice is required, particularly when facing time-sensitive court action or employment transitions.
If your former employer is threatening legal action or has already commenced proceedings relating to a restrictive covenant, you should seek legal advice immediately. Employers may apply to court for an injunction to prevent you from starting a new role or dealing with clients, which can place you under considerable financial strain and reputational risk.
Our specialist employment solicitors will assess whether the covenant is enforceable, review any evidence of breach, and represent you in negotiations or litigation as appropriate. The earlier you receive advice, the better positioned you will be to protect your interests and limit any potential damage.
Restrictive covenants are especially prevalent in sectors where client relationships, confidential information, or intellectual property form a key part of the business. Common industries include:
Regardless of your industry, if your contract includes limitations on your post-employment behaviour, it is vital to understand your legal position before making any decisions which could lead to a claim.
Are restrictive covenants enforceable in the UK?
Restrictive covenants are enforceable only if they are reasonable and protect a legitimate business interest. Courts consider the duration, geographical scope, and propriety of such clauses on a case-by-case basis.
How long do restrictive covenants last?
Covenants typically last for 3 to 12 months after your employment ends. Anything longer may be challenged unless justified by your seniority or access to sensitive information.
Can my employer stop me from working for a competitor?
A non-compete clause may attempt to restrict this, but it must be narrow in scope and time. If it is unreasonably broad, a court may refuse to enforce it.
What happens if I breach a restrictive covenant?
Your employer may seek an injunction to stop the conduct or claim damages. It is vital to seek legal advice immediately to assess your position and options for defence.
Can I negotiate restrictive covenants before signing?
Yes, employers may be open to limiting the scope or duration of restrictive covenants before you sign. Our solicitors can help negotiate more favourable terms on your behalf.
If you are affected by restrictive covenants in your employment contract or are involved in a dispute with a current or former employer, contact our employment law team for expert advice today. We offer practical, clear, and strategic guidance tailored to your circumstances.
Contact us today by completing our online enquiry form for a callback at your convenience. Stephensons is here to ensure your rights are protected every step of the way.
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