Employment Law | Restrictive Covenants & Employee Confidentiality

Restrictive covenants are contractual terms contained within employment contracts which record an employee's agreement not to do certain things once their employment ends. Confidentiality clauses are contractual terms which require an employee to keep any of the employer's confidential information a secret - even after their employment has ended.

The purpose of a restrictive covenant is primarily to protect an employer's business. There are several clauses which an employer can seek to rely on, though an employer must ensure that the clauses they adopt are no more restrictive than necessary to protect their business - otherwise the clause may not be enforceable and the employer may not be able to rely upon it.

We can advise on drafting and negotiating restrictive covenants to ensure that they are tailored to the particular circumstances. We can also advise on the enforceability of a particular clause, should there be a dispute as to the validity (and therefore the enforceability) of the clause.

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