| Commentary

(1) Non-competition covenants

| Commentary

E.     Types of restrictive covenants

The threat to an employer's legitimate business interests posed by an employee looking to compete post-termination of employment will commonly be dealt with by specific types of covenant in the employment contract, each seeking to protect a particular interest or interests. Whether a certain type of covenant is justified and the duration and scope of it will depend on the circumstances of each case, taking into account the factors mentioned at para [214] ff above. For some employees, the full suite of covenants may be justified while for others only one or two (or of course none) will be reasonably necessary. This section deals with specific considerations in relation to each of the different types.

(1)     Non-competition covenants

Non-competition covenants (or 'non-competes') are frequently supported on the basis that other forms of protection, such as confidentiality restrictions and non-solicitation restrictive covenants (see below) are not sufficient to safeguard the employer's legitimate interest in its confidential information or customer connections and are more difficult to police effectively. Regarding confidential information specifically, the usual express confidentiality restrictions contained in most

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