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.
15 May 2018
Employment & HR
Capita Customer Management Ltd v Ali UKEAT/0161/17/BA
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