Enforcement of Restrictive Covenants and NDAs
Clear and well-drafted provisions
An employer’s workforce can be one of its most valuable commodities in helping grow and retain business. Talent should be nurtured to bring maximum benefit to the organisation and the employment relationship.
Yet consideration must be given for the damage that could be caused to an organisation if an employee or consultant leaves who has strong relationships with clients or other key personnel. Particularly, someone who has had access to highly confidential information and IP. If that individual leaves, can you be sure they will go empty handed?
Unfortunately, departing employees will often try to gain an advantage in their next venture by taking information, or trying to lure business or key staff away from their former employer. Clear and well drafted provisions in an individual’s contract are paramount in deterring and stopping such activities. This includes the right to monitor employees’ use of your communication systems and being able to conduct IT searches before/on a person’s departure.
We are adept at supporting clients in such scenarios. We can draft bespoke clauses to protect the vital areas of your business, and take tough, urgent action where an ex-employee chooses to breach those provisions. Action can also be taken against the new employer if they have induced the employee to breach their contract.
We can also advise on the potential enforceability of existing covenants.
The solutions we find aim to avoid expensive court action and are focused on ensuring contractual provisions are respected and observed for their intended duration.