8 top tips to follow when you’re dealing with restrictive covenants

Draft your covenants with care. They need to be tailored to your specific circumstances and address what you are trying to protect.

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8 top tips to follow when you’re dealing with restrictive covenants

1. Draft your covenants with care. They need to be tailored to your specific circumstances and address what you are trying to protect, how you can protect it and how you would illustrate that such protection is reasonable for that particular member of staff.

2. Incorporate the covenants into your contracts of employment and get them signed by both the employer and employee if possible.

3. Review the covenants regularly, especially when employees are promoted so their covenants reflect their new roles/duties.

4. Bear in mind your covenants need to be reasonable at the time they are entered into. If they aren’t reasonable at the outset they will be considered void and cannot be resurrected.

5. Include suitable terms in your contracts of employment to give you, should you need it, permission to gather evidence via the employee’s work email account.

6. Include suitable terms in your contracts of employment to protect your social media, for example, by stipulating that accounts operated on behalf of the company belong to the company and not to the individual account holder.

7. If you consider an employee may be in breach of their restrictive covenants when they join a new employer, notify their new employer as to the terms of their restrictive covenants. If they continue to breach their covenants after you’ve notified their new employer, you may be able to launch a claim against them.

8. And if you consider an employee might be in breach of their covenants, always act quickly.

If you have any questions regarding restrictive covenants or any other aspect of your contract or terms of employment, please email michael.peacock@keebles .com or call Michael on 0114 290 6287.

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