Restrictive Convenants & Confidentiality

Whether you are in the process of negotiating your contract of employment or looking to move on, it is important that you fully understand any restrictive covenants or confidentiality obligations and the impact these may have in the future. Similarly, you may have changed employment and already be in breach or alleged breach of your previous contract. Things can get messy. Litigation can be expensive and time-consuming, and could also cause problems for your new employer. We’ll help you avoid this.

Our specialists co-ordinate to give you expert advice in relation to restrictive covenants. They can arise in employment contracts, partnership agreements, shareholder agreements, business acquisition agreements or management buy-out agreements. Basically, in a whole variety of situations. Moreover, they’re often entered into without much thought into what might happen if things go sour.

Often called non-compete clauses, this is an area of law that is complex and one which changes regularly. It can change with trends in employment, particularly if a high-concentration of specialists are located in a small geographical area. They can also arise to ensure that you don’t compete with your employer post-termination, or that you don’t compete with someone who has acquired your business. They are often used in the City of London in fields of finance or insurance and where our expertise really lies.

The consequences are often severe. They can result in injunctions, claims for damages, reputational damage and problems for your future or new employer. Our specialists are here to help you navigate this risk. Forearmed is forewarned and therefore obtaining advice on the potential liabilities is always advisable and we’re here to provide that advice.

Quite often, clauses can overreach and be excessive both in terms of time, geographical restrictions and areas of work. We’ll help you to challenge the clauses were appropriate and to minimise your risk if necessary. If the worst happens and proceedings are issued, our specialists work with our litigators to obtain the best outcome and to look at things strategically to allow you to move forward with your plans.

For your convenience, we have offices in the City of London and across Essex. We have a wealth of experience, acting for senior individuals in the insurance, banking and finance sectors in this constantly evolving and challenging area of the law. You need to be advised quickly and decisively not only about your options but how the other party is likely to react. This means you need advice from individuals who’ve encountered the situation previously and know the options that the other side have available and who can act strategically to ensure the risk of you being embroiled in lengthy and expensive litigation can be minimised.