Covenants

Covenants

Covenants seek to prevent your ability to solicit or deal with clients/customers of your employer. Sometimes they seek to stop you working in competition and poaching colleagues. We are very experienced in advising on such clauses.

If you are planning to leave to take a job with a competitor and have covenants in your contract of employment, you should seek advice from us before you take any action so you know what you can and cannot do in the event you accept the new role. 

If you have already left your employment and your employer is seeking to impose and enforce your covenants this will often come with a requirement for you to sign an undertaking, failing which, your former employer may seek an injunction.  That injunction can prevent you from accepting the new job, acting in breach of your contract or for the return of confidential information it can show you have taken.

Injunctions are incredibly expensive and stressful, so are best avoided, but sometimes they cannot be stopped. If you have the chance to negotiate on an Undertaking this may be the best way to avoid litigation, but you need to ensure you are able to comply with the terms of the Undertaking. 

Our expert employment solicitors have extensive experience in defending the above situations and will be able to help you identify your options and the best tactics when faced with the actual or potential threat of an injunction.

Share by: