Post Termination Restrictions & Confidential Information

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.

Contracts of Employment and Service Agreement drafting.

If you are at the end of the employment relationship, we still may be able to help you, see Settlement Agreements.

 

Meet the team

Latest News

Partners

Kathryn Casey-Evans
Partner
Employment
Southampton
023 8082 0468
07881 343956
Employment
Simon Rhodes
Senior Partner & Head of Employment
Employment
Southampton
023 8082 0547
07884 184 613
Employment

Solicitors

James Humphery
Senior Solicitor
Employment
Salisbury
01722 426915
Employment

Legal Assistants

Phoebe Geal
Legal Assistant
Employment
Southampton
023 8082 0504
Employment

Legal Secretaries

Mila Ragi
Legal Secretary
Employment
Salisbury
01722 426904
Employment

It is a firm you can trust in terms of both their advice and value for money. Simon Rhodes instils confidence and trust and is praised for being very commercial in his approach.

Concise and risk-focused

Describes James Humphery as “her right arm”

HR Director of Global Marketing Company re: James Humphery

Very many thanks for your guidance and advice on this matter. It is much appreciated and has made a potentially inflammatory situation very calm and smooth.

HR Director of National Research Business re: Kathryn Casey-Evans

Your tenacity in tracking me down and pragmatism, in addition to consistently sound advice, were greatly appreciated

Junior HR Director at Global Brand Company re: James Humphery