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Defending Restrictive Covenants/Breach of Confidence Claims

The employment Team have 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 they have been unable to seek resolution prior to going to Court. 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 and therefore 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. 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.

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Ashford Office
Suite 4c, Third Floor,
International House, Dover Place
Ashford, Kent, TN23 1HU

Tel: 01233 225660
Fax: N/A

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7 The Drive
Brighton & Hove

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Fax: 01273 324082
DX: 59257 Hove

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26 Sutton Park Road
Seaford, East Sussex
BN25 1QU

Tel: 01323 897766
Fax: 01323 490278
DX: 38905 Seaford

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16 South Park
TN13 1AN

Tel: 01732 440855
Fax: 01732 440854
DX: 30025 Sevenoaks

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The Courtyard
River Way
Uckfield, East Sussex
TN22 1SL

Tel: 01825 761555
Fax: 01825 764172
DX: 133963 Uckfield 2

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