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

Pub
  • 12 May 2025
  • Employment

Talking Employment Law: The Employment Rights Bill – Part 2

In part two of the Employment Rights Bill podcast series, Louise Keenan and Melanie Pimenta, members of the employment team, will discuss changes to collective redundancies, flexible working and sick pay.

art
  • 08 May 2025
  • Employment

Statutory Sick Pay Scheme changes: how can employers prepare for such changes?

The government has recently changed the Statutory Sick Pay provisions; it is anticipated that such changes will ‘help people to stay in work and grow the economy’.

art
  • 02 May 2025
  • Employment

Sex, Gender and the Law: What the Supreme Court’s Recent Ruling Means for Employers

The recent UK Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers  UKSC 16 has generated significant attention, but for most employers, we would argue that its practical impact is relatively limited—at least for now.

art
  • 16 April 2025
  • Employment

End of the Line for Fire and Rehire? What Employers Need to Know

The Employment Rights Bill, introduced in October 2024, aims to restrict the practices of ‘fire and rehire’ and ‘fire and replace’.

art
  • 14 April 2025
  • Employment

Consistency is Key: Strategies for Harmonising Disciplinary Processes

It is an unfortunate reality that occasionally employers will find themselves in a position where it is necessary to proceed with a disciplinary process.

Pub
  • 28 March 2025
  • Employment

Talking Employment Law: Redundancy and settlement agreements – What you need to know

In this podcast, Lucy White and Shauna Jones, members of the employment team at Clarkslegal, will guide you through the complex topics of redundancy and settlement agreements.

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