Experts in enforcing restrictive covenants and bringing breach of confidence claims
The Employment team has many years of experience in drafting and enforcing restrictive covenants and bringing breach of confidence claims against former employees. The team works very closely with the Dispute Resolution team who have a very high success rate in litigation if resolution was not possible prior to going to Court.
Restrictive covenants
Employers often overlook the fact that restrictive covenants are only enforceable if they are no wider than is necessary to protect the employer’s legitimate business interests. If they are too wide, they will fail altogether. It is necessary for the team to work very closely with the employer when drafting restrictive covenants so that they understand the employer’s business and the nature of the employees involved and the threat that they could pose to the business if they were to leave.
Whilst an employer might get away with a badly drafted contract if a restrictive covenant is worded carelessly or is just too wide, it will not protect the business at all. If an employee does leave and attempts to breach their restrictive covenants, the Employment team works very closely with the Dispute Resolution team to address the problem quickly. Speed is of the essence in these situations.
Confidentiality clause
It is also important that an employer is careful to have a well-drafted confidentiality clause in their contracts of employment. They are much more likely to be able to enforce a well-drafted clause than something that refers to confidential information in the abstract.
“Rix & Kay regularly provides operational and strategic employment advice to corporate clients and SMEs, offering support for M&A transactions and advising directors and senior managers on settlement agreements. The firm also operates GatekeeperHR, an HR solution service built to assist a range of business sizes. Elaine Abbs is regarded as very knowledgeable and able to provide information and guidance and is always helpful and supportive”.
“We mainly use the services of Rix & Kay for Employment Law advice. In most circumstances, these situations develop quickly, and decisive action is required almost immediately. The advice provided has been prompt and accurate and has assisted us in diffusing disputes efficiently”.
“Elaine Abbs has been our main point of contact; she developed a training programme for Line Managers and delivered the training in house. This has helped tremendously in diffusing potential difficult situations”.
“Elaine Abbs is very knowledgeable and able to provide information and guidance and is always helpful and supportive. She instils confidence. She responds quickly and has a very approachable and friendly manner as well as professional”.
“Their willingness to help and, even if the enquiry is outside their remit, they will seek advice or point you in the right direction in a constructive and helpful way”.
Wednesday, 20th November 2024 8.30am – 10:15am Malmaison, The Waterfront, Brighton Marina, Brighton & Hove, BN2 5WA Free to attend but places are limited Register…
The New Duty to Prevent Sexual Harassment: A Comprehensive Overview A new duty to take ‘all reasonable steps’ to prevent sexual harassment has been introduced…
Employment Rights Bill The media has been closely covering the government’s newly published Employment Rights Bill 2024 (‘the Bill’). Amongst all the reports, discussions and…
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies. ACCEPT Cookie settings
Cookie Settings
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Cookie
Duration
Description
_gat
1 minute
This cookie is installed by Google Universal Analytics to restrain request rate and thus limit the collection of data on high traffic sites.
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Cookie
Duration
Description
_ga
2 years
The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gat_gtag_UA_*
1 minute
Google Analytics sets this cookie to store a unique user ID.
_gid
1 day
Installed by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
CONSENT
2 years
YouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Cookie
Duration
Description
VISITOR_INFO1_LIVE
5 months 27 days
A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
YSC
session
YSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
yt-remote-connected-devices
never
YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-id
never
YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.