Employee Restrictions: Enforcing

When an employee leaves your organisation, check their contract of employment for restrictive covenants and confidentiality obligations. Remind them of their obligations.

If you are particularly concerned that they may act in competition with you, think about whether you need to ask them to sign an undertaking: write to their new employer; or enter into new or amended covenants in a settlement agreement.

If you believe that a former employee has breached their restrictive covenants, what you do next depends on the seriousness of the breach. Options include sending a solicitors’ letter; claiming damages; or applying to the court for an order to stop the ex-employee acting in breach.

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