When your business asks you to prepare a contract for a new starter, the instructing manager will rarely think about what will happen if the relationship does not work out. The role of HR is to think of the wider business implications of this employee and what damage they could do if the relationship terminates. You will be looking at whether this new recruit could damage or disrupt the relationship between your business and its clients, employees or suppliers when they leave. You will also be considering what information they will come into contact with and what needs to be protected.
We have acted for numerous companies and individuals in both enforcing and defending contractual restrictions which gives us good experience from both sides of the fence. This means we are alive to all the issues of drafting and it places us in a great position to review, draft and enforce your post-termination restrictions and covenants.
We will work with you to prepare robust restrictive covenants and confidentiality agreements tailored to your circumstances. It cannot be stressed enough that generic post-termination restrictions rarely work, they need to be moulded to the work that the relevant employee does. If they do not, they frequently become ineffective.
If a leaver is suspected of breaching their obligations of confidentiality or business protection clauses, please contact us immediately. Speed is essential.
If you are at the end of the employment relationship, we still may be able to help you, see Settlement Agreements.