Are restrictive covenants enforceable?

Tosh Polpitye

19 February 2019

Are restrictive covenants enforceable?

Employers often choose to include some form of restrictions within the employment contracts they issue to employees and those employees. On signing the contract, sign up to the restrictive covenants, in effect agreeing not to do certain things once their employment is over.

These restrictions work to protect employers business interests by preventing their ex-employees from using the knowledge and information gained at the workplace for the benefit of their new employers.

Restrictive covenants can sometimes not be imposed. Therefore, we would recommend that you check that the restrictions included in your contracts are legally compliant and enforceable so that your business interests can remain fully protected.

Are restrictive covenants enforceable? This is the question we put to employment solicitor Tosh Polpitye.

Video Transcript

Restrictive covenants are all restrictive covenants enforceable? Watch this short video an expert employment law solicitor Tosh Polpitye will explain.

So the purpose of a restrictive covenant is to protect a legitimate business interest of a company. So for it to be enforceable it has to be reasonable. Reasonable means the length of time, reasonable means how long that restriction should be in place because the type of work it is. So for example when I was ahead of content of employment I had a restriction not to work within 10 mile radius of my law firm during employment or actually I could have done, I could as long as I'm not doing things that would damage that law firm because everybody's got the right to make a living so are the enforceable depends on how reasonable it is that they are in place to be able to stop the employee from damaging that business.

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