Search

How can we help?

Business Employment

Restrictive covenants employment solicitors 

 

FAQs- Restricted Covenants and Team moves

This is a type of clause in a contract which seeks to restrict a party from acting in a certain way.  In employment contracts, they are often used to seek to prohibit an employee from doing something after they have left employment, such as soliciting customers and employees or working in a competing business.

The most common types in an employment context are:

  • Non-solicitation clauses – seeking to prevent an ex-employee from contacting certain customers and employees
  • Non-employment clauses – seeking to prevent an ex-employee from offering employment to certain employees even if they do not solicit the contact initially
  • Non-dealing clauses – seeking to prevent an ex-employee from dealing at all with certain customers even if they do not solicit the contact initially
  • Non-compete clauses – seeking to restrict an ex-employee from working for a rival

Yes.  They must go no further than is necessary to protect the employer’s legitimate business interests but provided they meet the legal tests associated with this they are legally enforceable.

Contact our specialist team at Clarkslegal and we can talk you through your options and help guide you through the process.

They may face legal action from the employer. This could include a claim to recover any loss the employer has suffered as a result of their actions and/or an injunction to prevent the employee from continuing to act in breach.

Key contacts

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

Katie Glendinning

Partner

View profile

+44 118 960 4610

Read, listen and watch our latest insights

art
  • 03 March 2026
  • Employment

International Women’s Day 2026 – Supporting equality and inclusion for a better, happier workforce

This year, International Women’s Day is inviting everyone to think differently about equality and how it can benefit everyone. The theme this year is ‘Give to Gain’.

art
  • 02 March 2026
  • Employment

10 facts an employer should know about holding personal data

Personal data is any information that can be used to identify an employee.

art
  • 17 February 2026
  • Employment

The Employment Rights Act – A shift in power: why employers will face greater pressure from industrial action and union relations in 2026

Substantial union-related changes under the Employment Rights Act 2025 will take effect on 18 February 2026, ushering in significant shifts in the legal landscape for industrial action in the UK.

art
  • 13 February 2026
  • Employment

Businesses Prepare for Stronger Trade Union Rights: Monica Atwal Comments

The new trade union rights introduced by the Employment Rights Act 2025 will come into force on 18 February 2026. These changes are expected to make strikes easier to organise and will extend protections for striking workers. Monica Atwal comments on the implications of these reforms in People Management magazine.

art
  • 12 February 2026
  • Employment

Clarkslegal Partners with Albion Legal to Offer Comprehensive Employment Law Protection Scheme

Employment law is becoming increasingly complex for UK employers. Legislative change, evolving case law and an expanding scope of employee rights mean that the risk of employment disputes and the cost of defending them has never been higher.

art
  • 29 January 2026
  • Employment

Why AI Generated Grievances Are Becoming a New HR Challenge

Artificial intelligence (AI) tools are becoming a routine part of working life across the UK.

Clarkslegal’s innovative approach to solving complex cases is consistent; their quality standards are extremely high and their staff are efficient and friendly – overall 11/10!”

Carrol Douglas-Welsh, Head of Employee Relations – Scottish and Southern Energy