Restrictive covenants

It is critically important that anyone analysing restrictive covenants, or their enforceability, is able to do so against the background of the industry in which the employee works, the employment contract as a whole and the status of the employee - whether she or he is an employee solely, or also a shareholder, a director or a partner in the business.

The 3PB team is able to draw on experience in commercial litigation as well as employment litigation which provides valuable insight in to the best advice to give to protect all parties. Our barristers have particular experience of advising on the enforceability of restrictive covenants and other restraints on employee competition, drafting covenants for companies to incorporate into their terms and conditions and acting for companies and employees in the High Court.

Restrictive covenants are also an important aspect of settlement agreements and the Employment Team can advise on the drafting and incorporation of covenants at that stage as part of overall negotiations, whether following a resignation or in a proposed dismissal situation.