Restrictive covenants—a guide to our materials
Restrictive covenants—a guide to our materials

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • Restrictive covenants—a guide to our materials
  • Employee duties and restrictions on competition
  • Determining whether restrictions are enforceable
  • Confidentiality, duties and restrictions: enforcement

This Practice Note contains links to all Lexis®PSL Employment documents relating to employee competition and confidentiality, including post-termination restrictions (restrictive covenants).

Documentation in Lexis®PSL Employment that relates to employee competition and confidentiality refers throughout to 'post-termination restrictions' rather than 'restrictive covenants'.

Our documentation relating to employee competition and confidentiality is covered under three topics:

  1. Employee duties and restrictions on competition (click Employee duties and restrictions on competition—overview to go directly to this topic)

  2. Determining whether restrictions are enforceable (click Determining whether restrictions are enforceable—overview to go directly to this topic)

  3. Confidentiality, duties and restrictions: enforcement (click Confidentiality, duties and restrictions: enforcement—overview to go directly to this topic)

The full list of all documents available under those three topics is as follows:

Employee duties and restrictions on competition

This subtopic examines the duties that an employee owes to their employer, in particular how these relate to the extent to which an employee may compete with their current or former employer.

Overview: Confidentiality, duties and restrictions: enforcement—overview

Practice Notes:

  1. The duty of fidelity and fiduciary duties (an outline of the differences between the duty of fidelity (or good faith or loyalty) which is owed by all employees and fiduciary duties which are owed by directors and certain employees and an examination of the elements of the duty of fidelity)

  2. Confidential information and trade secrets in