Are restrictive covenants enforceable and legal?

Tosh Polpitye

29 January 2019

Are restrictive covenants enforceable and legal? are the different types of restrictive covenants? This is the question I put to expert employment law solicitor Thushara (Tosh) Polpitye.

Are restrictive covenants enforceable and legal? Tosh Polpitye expert employment law solicitor will explain.

So to be legal and enforceable it has to be reasonable in the circumstances and it has to protect the legitimate business interest of the company. So what's legitimate and what's reasonable depends on what the type of Industry it is, how senior that person is, generally speaking the more senior member of staff is like a director, they'll have a restriction maybe for 12 months to do so or not to do certain things. Junior employees tends to be maybe three to six months the longer the restriction is the more damaged the employee could potentially do. So whether they're reasonable no it just depends on whether it's protecting a legitimate business interest.

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