Restrictive Covenants & Confidentiality
One of the most important issues you’re likely to face if you want to take a step up the professional ladder is how to reconcile the conditions of your current employment contract with your new job. Certain clauses in your employment contract may prevent you from working for a competitor or hinder you in your new role by preventing you from dealing with certain clients. You may be threatened with injunctive proceedings by your previous employer if they believe you have breached your employment contract.
Our solicitors are very familiar with advising on restrictive covenants and defending injunctive proceedings. With Gorvins Solicitors, you can have the confidence of knowing that you have the right legal expertise in your corner.
Restrictions on your future professional activities (Restrictive Covenants)
It is increasingly common for employment contracts to contain ‘restrictive covenants’ which might prevent you from doing any work which is in competition with your former employer for a set length of time. The law closely polices the circumstances in which such restrictions can be applied, and an employer has to prove that they are enforced for legitimate business interests and are reasonable in order to be able to rely on them.
Restrictive covenants can cover a range of business activities, such as:
- An obligation that you cannot work in a similar capacity for a competitor.
- A clause preventing you from trying to poach clients or suppliers who worked with your former employer.
- Conditions to prevent you from ‘poaching’ former colleagues for your new employer
Garden leave
A clause in your employment contract may give your employer the right to place you on ‘garden leave’. This means your remain employed, paid full pay but cannot carry out your job. An employer may use this to prevent you from taking up any work in direct competition with a former employer, allowing your replacement time to establish themselves in the post. It effectively prevents you from starting work with a potential competitor for a set length of time.
Team moves
As many jobs involve groups of people becoming established as a team within the care of their employer, it is becoming more common for entire groups of workers to be sought out by rival businesses. There may be a clause in your employment contract preventing you from moving as part of a ‘team’. The law is currently showing an inclination towards protecting the interests of an employer faced with such a scenario. As a result, taking legal advice is essential if you are a party to a potential ‘team move’ to ensure that you do not face injunctive proceedings
Confidentiality
You will probably have clauses relating to confidentiality in your employment contract which prevent you from using or disclosing your employer’s confidential information, even after employment ends. Some employees find that they are threatened with court action (including injunctive action, search and seize orders and claims for damages) due to taking or using confidential information. It is therefore important to be fully advised in relation to your obligations and in the case of any proceedings threatened against you.
How can Gorvins help?
In a highly competitive commercial world, employees are well-advised to make themselves aware of any potential contract and competition issues that might arise in the event of you leaving your job. Here at Gorvins, we can help you establish a clear strategy for dealing with such issues, and offer unbiased advice. With Gorvins, you have the added benefit of many years of experience and expertise in advising individuals across all industry sectors nationwide.
If you want to smooth the path between jobs, it may be essential for you to seek advice from our specialist non-compete lawyers. Our many years’ experience of helping people facing all kinds of employment law issues makes us one of the best-equipped firms for advising on difficulties with contract and employment competition issues.
Our team can offer expert help, covering issues such as:
- Advice on the ‘fine print’ of your new employment contract
- Advice in advance of accepting a new job with a competitor
- General advice about the enforceability of your restrictive covenants
- Support and guidance on receipt of a threat of legal proceedings from a former employer
- Representation in any proceedings arising out of competition issues, including injunctive proceedings and claims for damages/loss of profit
- Help with understanding what competition claims mean and their impact on your plans
With extensive experience in advising on all contract law related matters, you can trust that you are in the best hands for achieving the desired outcome. Once we have all the relevant information from you, we can assess the best way forward for you and advise on how to best protect yourself.
Contact our employment lawyers today
To discuss your contract/restrictive covenant issue or to find out more information about how we can help, please contact our employment team today on 0161 930 5151 or send us an e-mail to employmentteam@gorvins.com.
Alternatively, you can contact us using our online form.
