Post-termination restrictions & confidentiality

You are one of the key assets of your organisation and at the start of the relationship you will both be looking forward to the contributions you will make to its success. The other side of this coin is the threat you’ll pose when you leave. Employers will address this through restrictions but one size doesn’t fit all so it’s worth taking a close look at what you are being asked to sign.

  • Are they trying to stop you working in your field if you leave them? If so, you need to consider carefully what this means for you.
  • If you brought clients to the new employer, can you take them with you when you leave?
  • Are the restrictions enforceable anyway? Many aren’t worth the paper they’re written on.
  • It’s easy to trip over contractual confidentiality so you need to understand what you’re signing and to know if there are hidden obligations not specifically covered in the contract. 
  • Is the information you create or access so important it’s a trade secret?
  • Is any information copyright and if so, who owns the copyright?
  • If you’re a director, do you know about your obligation to avoid conflicts of interest after you leave office?

Meet the team

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