Restrictive covenants and confidential information claims

We have a long history of acting for both employers and employees, which has given us a comprehensive understanding and unique perspective of breach of contract claims.

Enforcing restrictive covenants

If an employee, director or consultant leaves their employment and attempts to breach the restrictive covenants contained in their contract, this can have a very damaging and lasting effect on a business. A business’s clients and customers are its most precious asset and a list is often kept on a confidential database, which could have disastrous implications in a competitor’s hands.

Speed is of the essence in these situations. Working closely with the Employment team, we seek to address the problem quickly. Where necessary, we take enforcement action through the Court, including obtaining urgent injunction orders to enforce the restrictive covenants and to force the person to stop breaching their contract and hand back any confidential information they have taken.

Any financial loss can then be recovered in a damages claim against the person concerned.

Defending employees accused of breach of contract

We have many years’ experience in acting for employees and former directors to successfully defend claims made against them for breach of contract and/or breach of confidence. We carefully review employment contracts, restrictive covenants and confidentiality clauses to advise exactly where the limits are. They should be no wider than necessary to protect the employer’s legitimate business interests. If they are too wide or worded carelessly, they will fail altogether.

“The dispute resolution team advises large SME businesses and professional service firms, particularly accountants, on a range of commercial litigation”.

“Louise Mackay and Katie McClean are key lawyers”

“From my dealings with the firm, as counsel instructed by them, I would describe them as friendly, helpful, relaxed, informal, sensible and practical to deal with. I suspect they are a very sound firm, when compared with some of the flashier but potentially less diligent and less attentive regional firms that you can find in the Surrey, Kent and Sussex corridor down from London”.

“As counsel I’ve really appreciated having a solicitor who I can work with and discuss things with and get real input from”.

Industry peers praise Rix & Kay in the latest edition of Legal 500