Restrictive covenants are commonly used in employment contracts to protect an employer's confidential information and customer relationships by restricting where departing employees can work, what they can earn money doing, and the ability of a departing employee to use information belonging to the employer, .This might be while they are working out a period of notice and so still involved in the business or after they leave. We have extensive experience in advising both individual employees and employers in circumstances where the breach (or potential breach) of these contractual provisions arises.

We can also advise clients in relation to the breach of restrictive covenants in sale and purchase agreements. Such contracts will typically include provisions which are intended to protect the purchaser of a business against the vendor setting up in competition once the sale has gone through.

Where it appears that a restrictive covenant has been breached, either in an employment context or otherwise, it is often necessary to take urgent action. If an ex-employee or vendor has set up a business in competition with the ex-employer or purchaser, the damage being done to the original business will be immediate. We can take robust and decisive action on behalf of clients in these circumstances and if appropriate seek urgent injunctive relief from the court.

In conjunction with our Employment department, we also advise clients on preventative measures. In an employment context, this might be ensuring that employment contracts are drafted to protect an employer's business as far as possible such as including gardening leave provisions or providing relatively long notice periods requiring the employee to work outside the key area of the business concerned.

To speak with a member of our team specialising in claims involving restrictive covenants, please call 01562 514 873, e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact us using the contacts page of our website.