Restrictive Covenants
A restrictive covenant can limit where you can work, who you work with and for, and can limit the business relationships you maintain for a period after you leave a role. Understanding the enforceability and scope of those restrictions and whether they are fair and proportionate is an important first step before planning your next move.
Restrictive covenants are terms in employment contracts intended to safeguard an employer's business interests for a limited period after an employee leaves. They can stop you from working for a competitor, launching your own business, contacting or doing work for former clients. Employers use them frequently to protect trade secrets, client relationships, and business continuity.
Issues and arguments around enforceability of these restrictions arise when they are too broad or for too long, significantly limiting your ability to work, earn a living, or take your next career step.
Not every restrictive covenant in an employment contract is enforceable, and employers have to be able to prove that the restriction is reasonable and limited in scope just enough to protect a legitimate business interest.
If you are unsure whether your covenants will be enforceable and you think they are too restrictive, getting early legal advice is key. David can assess your position, explain your options, and help you move forward with confidence.
What are Restrictive Covenants?
A restrictive covenant is a clause in your contract of employment that places restrictions on what you can do after your job ends. Employers commonly rely on these agreements to safeguard their critical business assets, such as confidential information, client or customer relationships, and sensitive commercial plans. These clauses differ in degree and duration, and whether they can be enforced is always a question of reasonableness and necessity.
For employees, the question is typically how these limits could impact a future job change and your earning capacity. A covenant that is too broad, runs for too long or prevents you from working in your field might not be legally valid and enforceable. Knowing the boundaries of what is permitted is essential, particularly if you are considering a move or facing pressure from a former employer. These restrictions typically fall into several common categories:
Non-solicitation/non-poaching of clients restriction
Non-compete clause
(preventing you from working for a competitor or setting up in competition)
Non-dealing with clients restriction
Non-poaching of staff
Non-hire out of staff
Block on team moves
How Can David Help as Your Restrictive Covenants Lawyer?
Restrictive covenants can seem daunting when you want to move employment, take an offer of a new position or set up your own business
David gives clear, practical advice to help you understand exactly what your contract allows and what you are blocked from doing and for how long. He will review the terms and discuss their enforceability, enabling you to evaluate the real-world risks of you moving to a competitor.
If your employer indicates they intend to enforce the restrictions, David can intervene straight away to advise you and clarify the position in writing. He can challenge overly restrictive terms and seek to negotiate a way forward as appropriate.
Situations you may face when restrictive covenants are enforced include:
Threat of an injunction
Blocked job opportunity
Pressure from former employer
A restrictive covenant can affect your next career move, particularly if your employer is seeking to enforce it. If you have concerns about any restrictions in your contract, contact David for clear, prompt legal advice.
Why Choose David as Your Restrictive Covenant Lawyer
With more than 35 years of experience, David supports senior executives and employees facing restrictive covenant issues. He understands the impact these disputes can have on careers and reputations and is skilled at challenging excessive restrictions and stopping unwarranted legal pressure.
His guidance is practical, strategic, and grounded in decades of specialised work. Clients value his calm manner, straightforward explanations, and focus on achieving outcomes that protect both immediate and long-term career prospects