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Christmas Closure  – Our office will be closed from the 22nd of December at 12pm and will reopen on the 2nd of January at 9am

 

How can you get out of your restrict covenants in your employment law contract?

Tosh Polpitye

25 June 2019

How can you get out of your restrict covenants in your employment law contract? Tosh Polpitye employment law solicitor will explain.

So with restrict covenants, you have got two choices as an employee; either: abide by them you don't get out of them if they're reasonable or you need to show why they're not reasonable. Unreasonableness might be demonstrated through the length of time that they may be, there too long. Unreasonableness might be in terms of the restriction, maybe there are certain types of clients you can deal with so generally restrictions we'll deal with clients that you've dealt with while you were working there but if you deal with their clients or try to deal with their clients that you weren't working with those employment that would be okay.

But the only other way to get out of your restrictions is if your employer has acted in a way that is seriously unreasonable, it is something called a constructive dismissal claim. So if you if you behave if the employer’s behave in a way that fundamentally breaches the trust and confidence between the employer and the employee, then you're no longer bound by those restrictions then it's open season.

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