RESTRICTIVE COVENANT SOLICITORS - LIVERPOOL NO WIN NO FEE

 

SOLICITORS HELPLINE 0345 515 0362

 

Our employment law solicitors operate on a no win no fee basis. If your solicitor does not win your case, then you pay nothing. We represent individuals in matters related to employment disputes throughout in Liverpool. In many cases, the law limits the time you have to bring a claim. To protect your rights, contact us today via our online contact form or helpline or email our offices. You will receive no charge, no obligation advice from a restrictive covenant solicitor expert.

What Are Restrictive Covenants?

Restrictive covenants are common elements of employment contracts in Liverpool. These contactual terms restrict the employee from engaging in certain activities after they cease working for the employer. The purpose of restrictive covenants is to protect the employer's business interests. Restrictive covenants often cover such issues as soliciting customers, making use of confidential information, directly competing with the employer and attempting to lure away fellow employees. Restrictive covenants must meet certain requirements in order to be enforceable. Courts tend not to favour solicitors applications for post-termination restrictions because they are seen as anti-competitive.

Four Categories

Virtually all restrictive covenants fall into one of four categories: non-compete, non-solicitation, non-poaching of employees and maintaining confidentiality of sensitive information obtained during employment. Each type of restrictive covenant is intended to protect a different business interest.


  • The first type, non-compete covenants, forbid an employee from working for one of the former employer's competitors or from directly competing with the employer themselves.



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  • Non-solicitation covenants set a time period during which the former employee may not have any business dealings with the ex-employer's customers.



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  • A non-poaching of employees covenant sets a time period during which the ex-employee may not recruit his former colleagues to come work for him.



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  • A restriction on the use of confidential information seeks to protect trade secrets and other sensitive information by forbidding the ex-employee to use or disclose such information.

Reasonablenes

Restrictive covenants undermine free trade and can limit an individual's ability to make a living in their area of expertise. The general public benefits from healthy competition. Also, employers are in a superior bargaining position as compared to employees. As such, the courts in Liverpool intensely scrutinise solicitors application to enforce restrictive covenants. The two basic requirements of an enforceable restrictive covenant is that it protects a legitimate business interest of the employer and that it only goes as far as is reasonably necessary to protect that interest.

 

Courts evaluate restrictive covenants for reasonableness in each of the following areas:


  • scope
  • duration
  • geography/location
  • seniority of the employee subjected to the covenant

 

A restrictive covenant that exceeds a reasonable scope in any of these areas is unenforceable. The type of business in which the employer is engaged will also come into play when evaluating the reasonableness of a restrictive covenant.

Wronfgul Termination

An employer can lose their right to enforce a restrictive covenant if they wrongfully terminate the employee. Even a valid covenant will not be enforceable if the employer violated the terms of the employment contract. If you believe that your employment hs been wrongfully terminated, you should seek the advice of an employment solicitor. It is critical that you know to what extent your former employee will be able to limit your post-employment options.

No Win No Fee Solicitors

Our solicitors provide advice and representation on all matters relating to restrictive covenants. You will receive clear, plain English advice – no confusing legal jargon. The consultation is completely confidential and speaking with one of our solicitors does not obligate you to use their services.

 

HELPLINE 0345 515 0362