Restrictive Covenants

Restrictive Covenants

Restrictive covenants can limit your future opportunities or protect your business interests. We offer legal advice on the drafting and enforceability of these clauses, ensuring you understand how best to navigate them

Restrictive covenants, such as non-compete, non-poaching, and geographical restrictions, are often included in employment contracts to protect an employer’s business interests. However, these clauses can be complex and restrictive for both employees and employers.

Why Choose Wallace Robinson & Morgan?

At Wallace Robinson & Morgan, we understand that restrictive covenants can have significant professional and financial implications. We can assess the reasonableness of the terms, assist in drafting the covenants, advise on potential challenges to enforceability, and guide clients through if a breach is alleged.

Whether you are an employer wanting to ensure your covenants are robust, or an employee concerned about a potential breach, we can help you navigate these legal complexities while ensuring we minimise risks and protect your business or personal career interests.

Our Expertise in Restrictive Covenants Includes:

Advising on non-compete, non-solicitation, and geographical restrictions 
We assess the enforceability of non-compete covenants, non-solicitation (anti-poaching) clauses, and geographical restrictions. We ensure that these terms are reasonable, fair, and protect business interests without unnecessarily restricting future opportunities for employees.

Enforceability of restrictive covenants 
We evaluate whether the restrictive covenants in your contract are enforceable under Employment Law.

Negotiating and challenging covenants 
Whether you are an employer seeking to strengthen or modify covenants, or an employee looking to challenge or negotiate them, we can assist in finding a fair resolution.

Handling claims for breach of covenants 
If a breach of covenant is alleged, we can help resolve the dispute.

Frequently Asked Questions

Find guidance on restrictive covenants with our expert FAQs. Learn how they can impact your employment or business decisions.

How long do restrictive covenants last after I leave a job?

The duration of restrictive covenants varies, but they should be limited to what is reasonable for the employer to protect their business interests. If a restrictive covenant extends for too long, it may be challenged as unenforceable in court.

What can I do if my former employer accuses me of breaching a restrictive covenant?

If your former employer accuses you of breaching a restrictive covenant, you should review the terms of the covenant and seek legal advice. Depending on the situation, you may be able to negotiate a settlement or contest the claim if the covenant is deemed unreasonable.

How can I avoid restrictive covenants when negotiating a new employment contract?

When negotiating a new job, you can try to negotiate the removal or modification of restrictive covenants. It’s important to discuss these clauses upfront, particularly if they could affect your career flexibility. Consider asking for a shorter duration, smaller geographic area, or narrower scope of the restriction.

Contact Us Today for Advice on Restrictive Covenants

If you are concerned about the impact of restrictive covenants in your employment contract or are facing a potential breach, contact us. We provide clear, practical advice to protect your rights and help you achieve the best possible outcome.

Call us at 0121 705 7571 or fill out the contact form below—your privacy is guaranteed—and we’ll arrange a convenient time to discuss your needs.

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