Restrictive Covenants Employment Solicitors

Restrictive Covenants Employment Solicitors

Contractual restrictions after leaving a job can be difficult to navigate, but you do not have to deal with them alone. At Sunrise Solicitors, our experienced restrictive covenant solicitors provide clear, timely advice on restrictive covenants to help you protect your position and make informed decisions before problems arise. Whether you are changing roles, exiting employment, or facing potential legal action, we offer practical solutions and strong legal representation. 

We act for employees and employers across the UK, combining careful legal analysis with a focus on fair outcomes and long-term protection. Our services may be available on a No Win No Fee basis. For advice on your contractual rights, career options, and legal risks, book a consultation with our team of restrictive covenant employment solicitors today.

Services We Provide at Sunrise Solicitors

At Sunrise Solicitors, we offer comprehensive legal services to employees dealing with restrictive covenant employment. Whether you are reviewing a new employment contract or navigating restrictions after resignation or redundancy, our employment law specialists provide practical, strategic advice tailored to your circumstances. 

Our services include: 

• Reviewing restrictive covenant clauses before you sign an employment contract 

• Advising on the enforceability of existing restrictions 

• Negotiating amendments or waivers of restrictive covenants 

• Assisting employees preparing to leave for a competitor or start a new business 

• Responding to threats of legal action from former employers 

• Representing employees in injunction proceedings or High Court litigation 

• Advising on the impact of garden leave provisions on post-termination restrictions 

We act promptly and discreetly to protect your position and minimise legal risk

Why clients choose us

Sunrise Solicitors are trusted experts in employment law. Our restrictive covenant solicitors advise employees nationwide on restrictive covenants and post-termination restrictions. 

• Experienced in reviewing and challenging restrictive covenants 

• Skilled in pre-empting and defending High Court injunctions 

• Clear, strategic advice focused on protecting your career and future 

• Flexible funding options, including No Win No Fee arrangements where applicable 

Contact us today for expert legal advice.

Restrictive Covenants Employment Solicitors – More Information

Are restrictive covenants legal?

Restrictive covenants are enforceable, provided they are reasonably drafted and protect a legitimate business interest. These clauses are designed to prevent departing employees from damaging the employer’s business by misusing confidential information or client relationships. 

Courts will not uphold a restriction that is too broad, vague, or unreasonable. If you have been asked to sign a contract containing restrictive covenants, or if you are subject to such restrictions, it is essential to seek legal advice.

Why do employers include restrictive covenants in employment contracts? 

Employers use restrictive covenants to protect sensitive information, customer relationships, and the integrity of their workforce. Employees leaving an organisation may have access to confidential data or strategic client knowledge. Without proper safeguards, this can be used to benefit a competitor or a new business venture. 

To mitigate this risk, employers often include restrictive covenants in employment contracts to prevent employees from using that knowledge to the detriment of the business.

What types of restrictive covenants are included in employment contracts? 

Common restrictive covenants include: 

• Confidential Information 

• Non-solicitation 

• Non-dealing 

• Non-poaching 

• Non-employment 

• Non-compete 

Each clause serves a different function, but all are designed to restrict certain types of activity after employment ends. 

When is a restrictive covenant enforceable?

A restrictive covenant is enforceable only if it protects a legitimate business interest and is no wider than necessary. The burden is on the employer to prove that the restriction is justified. 

Legitimate interests include: 

• Protection of trade secrets and confidential information 

• Preservation of customer relationships 

• Stability of the workforce 

What makes a restrictive covenant enforceable?

The courts will consider several factors when assessing whether a clause is enforceable: 

• Is the time period reasonable? 

• Is the restriction geographically limited? 

• Does the clause go no further than necessary to protect the business? 

• Did the employee receive any benefit in return for agreeing to the restriction? 

• Was the clause reasonable at the time the contract was entered into? 

• What was the employee’s level of seniority and access to clients or information? 

If a clause is found to be excessive, it will be considered void and unenforceable. 

Can an employer stop an employee working for a competitor for 12 months?

A 12-month non-compete clause will be difficult to enforce unless the employee held a senior position with significant access to confidential information or key clients. The length of the restriction must be proportionate to the risk faced by the business.

Can an employer put you on garden leave and still enforce restrictive covenants?

Yes. Employers often rely on garden leave in combination with restrictive covenants. While on garden leave, the employee remains employed but is excluded from the workplace and client contact. 

Many contracts also provide that time spent on garden leave will reduce the length of any post-termination restriction. Legal advice should be taken to assess how these clauses interact.

Does an employee have to accept a contract with restrictions?

No. An employee may negotiate the removal or amendment of restrictive covenants before signing a contract. However, the employer is not obligated to agree, and in some cases, may withdraw the job offer. 

Once employment has commenced, it is much harder to challenge restrictive covenants. If you disagree with any clause, it is vital to raise the issue in writing at the outset.

Are restrictive covenants valid in a redundancy situation?

Yes. An employer may still enforce restrictive covenants even where the employee has been made redundant. Redundancy does not automatically invalidate these clauses, especially where the business still operates in the same sector. 

Employers are entitled to protect confidential information and customer relationships regardless of the reason for the employee’s departure.

When should an employee take legal advice? 

Legal advice should be sought before resigning to join a competitor or start a new business. Restrictive covenants carry serious legal consequences if breached. 

An employer may pursue an injunction or damages against the employee or their new employer. Early advice helps ensure compliance with obligations and avoids costly disputes. 

Our solicitors advise on enforceability, negotiation, and defence against legal action.

What if an employee ignores a restrictive covenant?

Breaching a restrictive covenant exposes the employee to legal proceedings. The former employer may seek an injunction to prevent further breaches and claim compensation for any losses. 

These applications are common, and the consequences can be serious. Employees should not ignore restrictive covenants without taking legal advice.