If an employee's service comes or is coming to an end, you may wish to enforce Restrictive Covenants or Confidentially clauses, to safeguard your business from any issues that may arise should an employee move to a rival competitor.
It is vital that you seek professional legal advice concerning any of these issues.
Forbes Solicitors can advise you on any issues regarding these terms every step of the way – from helping you draw up a contract containing Restrictive Covenants, Confidentiality and Garden Leave clauses, to offering expert advice about the enforcement of such clauses.
Restrictive covenants limit an employeess ability to do certain things after their employment comes to an end. They often prevent an employee from taking confidential company information and/or practices to another employer, or using it for their own advantage, in competition with their former employer.
Restrictive covenants are most commonly found in employees’ contracts of employment, and generally tend to apply to more senior or highly skilled staff members.
In order for a restrictive covenant to be enforceable, it must protect the employer's legitimate business interests. It must also be reasonable in terms of duration and geographical scope – in other words, it must be justified and it should not be too restrictive.
Garden Leave is a form of paid leave used by employers, usually during an employee’s notice period. During garden leave, the employee remains employed and receives their full pay and benefits, but is asked not to attend the workplace. The employee is not permitted to undertake other work (whether permanent, temporary or contractual) and the employer is entitled to call the individual back into work, should they deem this appropriate.
It is advisable for employers to create a right to place employees on garden leave within their contracts of employment.
We find that the Forbes team take a pragmatic and supportive approach and enjoy working with their team.
Kepak Convenience Foods
We approached Forbes Solicitors on a recommendation because as a small independent organisation we needed clear guidance and backing on HR matters.
Piccadilly Garden & Support Service
The Forbes team were fantastic, the work and effort they put in was impressive and I was made to feel at ease throughout the proceedings. I can not thank the Forbes team enough
Without doubt Jonathan Holden is like a security blanket. He understands that schools need to act in the best interest of school as a whole
Brenda P Allen
Jennifer was great and worked beyond the call of duty. No faults.
I will keep promoting you and your services because I'm fully committed to the quality of your work and the impact that it has in school.
Ashton Community Science College
Amy Stokes was more than helpful throughout the whole process - Thank you Amy.
Forbes are proactive in relation to changes in legislation and keep me informed via regular seminars, updates and bulletins.
Business Support Manager
Birchall Catering Supplies Ltd
I have always found everyone at Forbes to be approachable, helpful and professional, and would have no hesitation in recommending them to any other business
E A Foulds Limited
May I say how much the employment team at Forbes have helped Samlesbury Hall with staff issues over the past ten years.
...we have found Forbes to be an excellent team of people to work with, fully understanding our needs and goals.
Apeks Marine Equipment Ltd.