Post Termination Restrictions
Our solicitors can provide you with expert legal advice to review, explain and challenge restrictive covenants, helping you understand your obligations and the enforceability of your restrictions and protect your career options.
Post‑termination restrictions — also known as restrictive covenants — are clauses in your employment contract that limit what you can do after your employment ends. These may include non‑compete clauses, non‑solicitation clauses, confidentiality obligations and restrictions on contacting clients or colleagues.
Most employees have some form of post‑employment obligation. These terms are designed to protect an employer’s confidential information, intellectual property, customer relationships, and business interests. If you have access to sensitive data or work in a client‑facing or senior role, your contract is likely to include these restrictions.
Our specialist employment solicitors provide clear, expert legal advice on all types of post‑termination restrictions.
We can review and explain your existing or proposed restrictive covenants, assess whether they are enforceable, and advise you on your rights. If your former employer claims you are breaching a restriction, we can support you, negotiate on your behalf, and help protect your career and future employment options.
Reviewing and advising on employment contracts before you join a new employer
We provide clear legal advice on employment contracts, helping you understand any restrictive covenants, confidentiality clauses, or post‑termination obligations before you sign.
Reviewing and advising on post‑termination restrictions when leaving a role or preparing to move on
Whether you are resigning, being exited, or considering a new opportunity, we assess your restrictive covenants and their enforceability and explain what they mean for your future employment prospects. We can also advise upon your options and scope for negotiating the terms of any restrictions.
Advice and support if your employer raises concerns about alleged breaches
If your employer claims you are breaching a non‑compete, non‑solicitation or confidentiality clause (or any other post termination obligations) we can advise you on your position, respond on your behalf and help protect your career.
Representation in legal proceedings relating to the enforcement of post‑termination restrictions
If a former employer issues a legal threat or starts court action to enforce restrictive covenants, our specialist solicitors can represent you, negotiate robustly and defend your rights.
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
What are post termination restrictions and how do they affect me as an employee?
Post-termination restrictions are provisions which may limit your activities after leaving a job. These could include non-compete clauses, non-solicitation clauses, and confidentiality clauses. Understanding these restrictions is crucial to navigating your career transitions.
Are there different types of post-termination restrictions, and how do they impact me differently?
Yes, common restrictions include non-compete clauses, which limit where you can work; non-solicitation clauses, which restrict your ability to approach former clients or colleagues; and confidentiality clauses, which prevent the disclosure of sensitive information. Each can have different implications for your future employment opportunities. If you are unclear on your restrictions, our solicitors are able to review and advise you upon the same.
Are my restrictions enforceable?
The general position is that post-termination restrictions will be unenforceable as a restraint of trade unless an employer can show that the restriction goes no further than is reasonably necessary to protect a legitimate business interest. This means that restrictions must be reasonable in their drafting, scope and duration. However, we suggest taking legal advice on your restrictions, as even if they may be deemed unenforceable, this does not prevent an employer from attempting to do so.
What could happen if your former employer believes you are acting in breach of my restrictions?
If your former employer believes that you are acting in breach of your restrictions are likely to act quickly in order to protect their interests and limit any damage.
Depending on the circumstances, restrictions can be enforced in the civil courts and potential remedies are damages for any losses as well as injunctive relief to prevent the employee acting in breach.
Before commencing action, you may receive a letter before action. If you receive such correspondence or have proceedings commenced against you, you should take professional advice as a first step. Our solicitors can review the restrictions, any allegations, and the situation to advise on the most appropriate steps to take.
Can you negotiate post termination restriction when starting a new role?
Yes, in many circumstances you can look to negotiate on restrictions before entering into the same. Our solicitors would be able review any proposed restrictions in order to advise you upon the same and any key grounds for negotiation.