Determining whether restrictions are enforceable

Determining whether restrictions are enforceable guidance:

UPDATE: On 21 July 2019, following its consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination’, the...

Practice Note

The construction, or interpretation, of post-termination restrictions essentially follows the same rules of construction as are used in interpreting any other type of...

Practice Note

This Practice Note summarises key decisions on the enforceability of post-termination restrictions (restrictive covenants) in contracts of employment and sets out...

Practice Note

In broad terms, putting an employee on 'garden leave' means the employer sending the employee home on full pay during the employee's notice period. It can be done when an...

Practice Note

For a post-termination restriction to be enforceable by the employer, it first has to be a contractual term; that is, incorporated into a contract between the employer...

Practice Note

As noted elsewhere (see Practice Note: Restraint of trade), a post-termination restriction will be unlawful, and therefore unenforceable, unless the party attempting to...

Practice Note

Even if an employer is able to establish that it has a legitimate business interest to protect (see Practice Note: Legitimate business interest) it will only be able to...

Practice Note

In order to be enforceable, the terms of a post-termination restriction must do no more than the minimum necessary to protect the legitimate business interests of the...

Practice Note

A repudiatory breach of contract by the employer will usually mean that any express post-termination restrictions are not enforceable by the employer. Repudiatory breach...

Practice Note

It is a basic principle of common law that an individual should be free to follow their trade or calling when, where and in what manner they wish. Lord MacNaughton in...

Practice Note