What are restrictive covenants?
In employment law, a restrictive covenant is found in a contract of employment or policy documents. A restrictive covenant limits what a person can do for a set time after termination from their employment.
Are restrictive covenants enforceable?
A restrictive covenant is easily applied to an employment contract however the employer may be unable to enforce it through the law as it suggests restraint of trade. If the employer is able to prove that the restrictive covenant is reasonable as it is only included to protect their legitimate company interests, then it may be enforceable.
Can I challenge a restrictive covenant?
Yes, there are various ways to challenge a restrictive covenant. If the restrictive covenant is already in your contract of employment you could request for the removal by seeking your employer’s consent. However, it is important to note that they could refuse to remove it for reasonable purposes to protect their company’s interests.
Although, the Employment Tribunal could review this request and if they decide that the employer’s reason for the restrictive covenant is unreasonable, then it could be removed from the contract.
How we can help
It is important to note that, legal advice is key if your employment contract states a restrictive covenant. Whether you have been asked to sign a contract with a restrictive covenant or already have signed this, our solicitors can tailor our service to suit your needs. Breaching your restrictive covenant is a serious legal matter, therefore it is vital that you contact a specialised employment law solicitor to seek legal advice. Fortunately, at P.A. Duffy & Company solicitors we have specialised employment law department who can review restrictive covenants in employment contracts whether you require removal or further legal advice.