Restrictive covenants in employment—a guide to our materials


Published by a UUÂãÁÄÖ±²¥ Employment expert
Practice notes
In-house

Restrictive covenants in employment—a guide to our materials


Published by a UUÂãÁÄÖ±²¥ Employment expert

Practice notes
In-house
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This Practice Note contains links to materials relating to employee competition and confidentiality, including post-termination restrictions (restrictive covenants).

Materials that relate to employee competition and confidentiality refer throughout to 'post-termination restrictions' rather than 'restrictive covenants'.

Our documentation relating to employee competition and confidentiality is covered under three topics:

  1. •

    Employee duties and restrictions on competition: this subtopic examines the duties that an employee owes to their employer, in particular how these relate to the extent to which an employee may compete with their current or former employer

  2. •

    Determining whether restrictions are enforceable: this subtopic considers the issues that arise when construing restrictions, and hence the issues that should be considered when drafting post-termination restrictions

  3. •

    Confidentiality, duties and restrictions: enforcement: materials in this subtopic focus on the practical steps that an employer may take when enforcing employee duties, eg in relation to confidential information, and on the process for, and remedies available in, court proceedings

The full list of all documents available under those three topics is set out below.

Employee duties

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Restrictive covenants definition
What does Restrictive covenants mean?

A covenant requiring the covenantor not to do the thing specified. In order to be enforceable, such provisions should be reasonable and necessary for the protection of the target company’s/target business’ legitimate business interests. Restrictive covenants in a SPA/APA restrict the seller’s activities during an agreed period so that the buyer can try and protect the value of the target company/target business being acquired.

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