Restrictive covenants – how enforceable are they?

The first step to creating a restrictive covenant that will hold up in court is to ensure you actually need one

One of the most difficult issues in employment law is also one of the most relevant for employers.

That’s the question of whether it’s possible to exert any control over an employee’s actions after they leave employment, in particular, in preventing them from competing with the business or stealing clients and customers.

In employment law, these are generally referred to as restrictive covenants. As the name suggests, they are clauses inserted into employment ...