What are post-termination restrictions?

Tosh Polpitye

19 March 2019

Post-termination restrictive covenants are contractual clauses which may be contained within an employee’s contract of employment. Restrictive covenants will often restrict the employee’s right to conduct activities in competition with their former employer after the employment relationship has ended.


Post-termination restrictive covenants are particularly important in the contracts of employment of senior employees, who will be in possession of confidential and sensitive business information, have good relationships with key customers and will have influence over other members of staff. As a senior employee, they would potentially be able to use that knowledge and customer loyalty for the benefit of a competing employer.


What are post-termination restrictions that can be placed on an employee? This is the question I put to expert employment law solicitor Thushara (Tosh) Polpitye.


Transcript

As an employee, what restrictive covenants can your employer place on you when you leave a workplace? Watch this short video an expert solicitor Tosh Polpitye will explain.


So they're called post-termination restrictions, so it's after that you leave work and the restrictions are there and it makes sense they're there to stop employees leaving an employer and then doing something that could damage them. So that would be things like stealing their clients, that would be things like stealing their suppliers, stealing their staff, any of those things that could damage the business is what they're reasonably entitled to stop an employee from doing.


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