Competition and restrictive covenants

Generally speaking, the employer has the right to expect that their existing staff should work for their benefit and not work for a competitor at the same time. However, when employment ceases, there is no such restriction at all, save for the general proposition that employees should not make use of trade secrets or highly sensitive confidential information.

However, this problem can be mitigated against, but only by the employer by including specific terms in the employee's contract of employment (e.g. non competition, non solicitation of customers and staff, etc. These clauses in such contracts are generally void for being in restraint of trade, but can be enforced if they are seen as necessary to protect a legitimate business interest. Temple Heelis Solicitors have wide experience in drafting these provisions for clients, especially for senior staff members, and advising on their enforceability.

In the first instance, please contact Richard Moore or John Sim at our Kendal office on 01539 723 757.
Alternatively, use our Call Me Back facility and we will contact you at a time that is convenient for you.

Temple Heelis LLP have supported businesses with their employment law related matters throughout Cumbria (Kendal, Barrow, Carlisle, Penrith) and North Lancashire (Lancaster, Morecambe, Preston).