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Ask the expert: Restrictive covenants

Posted by Esther Smith, Martin Brewer in Employment law on Tue, 24/08/2010 - 09:13

This week the experts, Martin Brewer and Esther Smith, advise on whether restrictive covenants can be enforced.

The question: Restrictive covenants

I have a three month notice period in my contract and the usual restrictive covenants that you would expect of a middle manager, however after six months into my 1.5 years with the company they introduced further covenants for all middle managers up, which stated that I could not work for a competitor for at least six months.

I have been offered another job with a competitor and whilst I have no trade secrets, customer or sensitive information that I could misuse, how enforceable is the statement that I cannot work for a competitor?

Legal advice:

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Editor's Welcome

Hello! And welcome back as we enter 2012, with a busy year ahead of us all. With talk of double-dip recessions, a possible partial or even full break-up of the Eurozone and unemployment rates set to hit nearly 9%, topics such as organisational streamlining, staff resilience and talent management are likely to be on many an HR professional's lips over the next 12 months.

But to lighten the gloom here in the UK, we also have the Queen's Diamond Jubilee and its attendant public holidays to look forward to at the start of June. Followed by two weeks of Olympic Games from 27 July to 12 August and the Paralympics from 29 August to 9 September, each generating their own excitement, but also issues to work through for hard-pressed HR departments trying to sort out the multifarious staffing issues in advance.

So with an interesting but challenging year to come, HRZone promises to be with you, supporting you all the way and providing our usual insightful blend of news, analysis, community blogs and expert comment to help you sort the wheat from the chaff. As ever, we love to hear from you too so feel free to either post your words of wisdom to our blog section yourself or, in the case of longer, more in-depth ‘expert voice’ articles, drop me a line with any ideas to cath.everett@siftmedia.co.uk.....

Cath Everett

HRZone Editor

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