Restrictive covenants & confidentiality
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Your technical know-how and commercial knowledge is your business, so it needs to be protected as robustly as possible.
Any unauthorised disclosure of your proprietary information is an attack on your business.
We can help you fight back.
We know that both current and ex-employees potentially have many opportunities to breach their employer's confidentiality - technology such as social media has made it all too easy.
We can advise on how to minimise the risks to your business and create a culture where data security is taken seriously.
If your business is particularly built on the know-how, skills and contacts of a particular individual or individuals, restrictive covenants will be a must.
However, there are strict rules around restrictive covenants, and a court will not always enforce them.
At the point of recruitment we can work with you to fully understand your business aims and draft the most appropriate covenants, ones that will stand the best chance of enforcement.
In the situation where an employee has left the business and potentially taken valuable information, such as customer lists with them we can advise on strategy. If necessary, in conjunction with our dispute resolution colleagues, we can help you take action, up to and including applying for an injunction.
Ideally, the starting point is always the contract of employment, which will have the necessary protections such as restrictive covenants built into it. These need to be tailored to your particular business and the role of the relevant individual.
In the event of a dispute arising, we can advise on prospects and arguments.
- Drafting non-disclosure covenants and advising on employee confidentiality obligations during and post-termination of employment, and corresponding undertakings
- Drafting and advising on non-solicitation, non-dealing, non-competition post-termination restrictive covenants
- Procuring undertakings to refrain from breaches of restrictive covenants post-termination of employment
- Advising in respect of High Court injunctive proceedings involving multiple individuals arising from alleged breaches of restrictive covenants within the employment contract
- Procuring undertaking from employee to refrain from breaching her restrictive covenant following commencement of High Court injunctive proceedings
Download: Restrictive covenants 'At A Glance'.