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
  • 13 June 2025
  • Employment

Human Resources – A Shift Towards artificial intelligence?

On 6 May 2025, the SRA authorised the first law firm providing legal services through artificial intelligence. Garfield.Law will provide an AI-powered tool which can assist businesses with the small claims court process, to aid in recovering unpaid debts.

art
  • 11 June 2025
  • Employment

Employment Contracts and Specific Performance

‘Specific performance’ is a type of equitable remedy available, in some circumstances, and at the court’s discretion, for breach of contract; it entails an order by the court which legally compels a party to a contract to fulfil its contractual obligations.

art
  • 09 June 2025
  • Employment

Clarkslegal representing UK employers at the International Labour Conference

I am writing this from Geneva, where I once again have the honour of attending the International Labour Organisation’s International Labour Conference.

art
  • 21 May 2025
  • Employment

The Rise of Side Hustles and Polygamous Working

In the evolving world of work, the rise of side hustles and “polygamous working” is reshaping the employment landscape in the UK.

Pub
  • 16 May 2025
  • Employment

London Seminar – Understanding the Employment Rights Bill: Legal changes and what they mean for HR

We are pleased to invite you to an in-person seminar at our London office on Tuesday 24th June, hosted by our Employment Law team. Join Monica Atwal, Managing Partner; Katie Glendinning, Partner; and Amanda Glover, Associate, as they unpack the legal implications of the new Employment Rights Bill and what it means for your organisation.

Pub
  • 16 May 2025
  • Employment

Reading Seminar – Understanding the Employment Rights Bill: Legal changes and what they mean for HR

We are pleased to invite you to an in-person seminar at our Reading office Tuesday 17th June hosted by our Employment Law team. Join Monica Atwal, Managing Partner, Katie Glendinning, Partner and Amanda Glover, Associate, will unpack the legal implications of the new Employment Rights Bill and what it means for your organisation.

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