Raworths LLP
Restrictive Covenants and Confidentiality Clauses Restrictive Covenants and Confidentiality Clauses

Restrictive Covenants and Confidentiality Clauses

Business

We act for businesses as well as the people who create, own and invest in them, building long term relationships with our clients to understand the unique challenges and opportunities they face. Our depth of experience and knowledge is focussed on providing practical advice designed to meet all our clients’ business needs.

Individuals & Families

We understand how important your case is, our experienced teams are on hand to provide practical and effective legal advice. With one of the largest teams of lawyers in North Yorkshire we work for wealthy individuals and their families, trusts and family businesses - your needs are at the heart of what we do.

Property

Our Commercial, Residential and Agricultural Property teams have the expertise to help you deal with the opportunities and challenges of the freehold and leasehold real estate market. We have substantial depth of experience of the property world and its demands which gives us the crucial ability to help you achieve your aims.

Resolving Disputes

Disputes are an unavoidable fact of life, but when they happen it is essential to find a quick, effective and practical solution to the situation. Whether your issues are commercial or business related, family or personal, we have the depth of experience, imagination and expertise to help you solve your problems.

The strength of restrictive covenants and confidentiality clauses is in the drafting: One size never fits all. Here in Harrogate (as much as anywhere else), protecting your business from ex-employees turned poachers, competitors and profiteers can be ‘make or break’.

So many restrictive covenants and confidentiality clauses are literally not worth the paper they’re written on. The 2014 case of Prophet plc v Huggett  saw the Court of Appeal taking a firm stance against poor drafting.  You only get one bite at the cherry and Courts will not re-write a covenant to give it teeth.  If your solicitor gets it wrong you are stuck with it!

Raworths’ team of specialist employment solicitors are experts in this complex area of employment law and we understand that the key is in the drafting. We draft restrictive covenants and confidentiality clauses that are effective because they are bespoke and not generic.  We are fluent in interpreting restrictive covenants and confidentiality clauses for enforceability and, along with our Dispute Resolution Team, can assist you in effectively enforcing any restrictions in place.

Well drafted restrictive covenants and confidentiality clauses are the first line of defence for employers seeking to protect their business from departing employees. They are the secret weapon in preventing former employees from exploiting confidential information and key connections with customers, clients, suppliers and other employees to the detriment of their former employer.

There are a number of factors key to ensuring the right restrictive covenants and confidentiality clauses for any particular type of employee performing a specific role within your business. Here at Raworths, we want to get to know you, your business and your business aims.  Our employment solicitors will:

  • get to understand your business;
  • gather detailed information about the confidential information and connections you want to protect; and
  • gain a full understanding of the nature of the job role your employees perform.

We will develop the ‘best fit’ restrictive covenants and confidentiality clauses to protect your business from former employees approaching and poaching your workforce and exploiting and competing with your business.

Whether it’s a Confidentiality Clause to protect your trade secrets and confidential information; a Non-Solicitation/ Non-Dealing Clause to prevent the ‘approach and poach’ of your customers, clients or other employees; or a blanket Non-Competition Clause aimed at preventing the ex-employee from joining a competitor or setting up a new business in competition with you -our Employment Team has the answer.

When it comes to enforcement we work closely with our expert Dispute Resolution Team to provide a seamless service.  Seeking an injunction to enforce a restrictive covenant or confidentiality clause is a complex and expensive process.  Raworths’ employment solicitors believe prevention is better (and cheaper) than cure.

Related News / Articles

Jan 24

An employer’s guide to taking grievances seriously

Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management...

MORE

Nov 23

Allegations of bullying at work; how should employers respond?

Anti-Bullying Week takes place from 13 to 17 November 2023.  The Anti-Bullying Alliance is encouraging...

MORE

Oct 23

Employers’ guide to dyslexia in the workplace

‘One in ten people are estimated to have dyslexia according to the British Dyslexia Association,’...

MORE

Aug 23

Talking ‘off the record’ and settlement agreements

Using a settlement agreement to bring an employment relationship to an end, and effectively wipe...

MORE

Jun 23

Getting employees back to the office

According to the Office for National Statistics, before the Covid pandemic only one in eight...

MORE

May 23

Spring employment law round up

Other than the usual April updates to statutory rates, it looks deceptively quiet on the...

MORE

Feb 23

Problems in performance management

Performance management can be distracting, challenging and time-consuming,according to Deborah Boylan, Partner and Head of...

MORE

Jan 23

What employers need to know about hidden disabilities

Have you ever spotted someone wearing a lanyard with a sunflower as a means of...

MORE

Dec 22

Our employers’ guide to Christmas party fallout

Christmas parties are a great chance for employees to have fun together and for employers...

MORE

Nov 22

Employee monitoring: an employer’s guide

Recent advances in technology mean that there are now numerous ways to monitor employees, including...

MORE

Sep 22

Investigating employee misconduct: how to get it right

Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities. ...

MORE

Aug 22

Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they...

MORE

Jul 22

Summer 2022: employment law update

This year’s Queen’s Speech was surprisingly light on employment law developments, with the omission of...

MORE

Jun 22

Investigating employee misconduct: how to get it right

Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities. ...

MORE

Mar 22

Dismissing an employee fairly: a refresher

The law gives five potentially fair reasons for dismissal, including breach of a statutory duty...

MORE

Feb 22

Garden leave – protecting your business when employees go

When a key employee is about to leave, employers look to minimise damage to their...

MORE

Feb 22

Holiday Pay: misclassification of employment status and no break in a series of unlawful deductions

The impact of getting employment status wrong for your staff has never been more significant...

MORE

Jan 22

Employment policies and procedures: time for a refresh?

Many businesses are now at the stage where they have planned their longer-term working arrangements...

MORE

Nov 21

Carers’ rights at work

According to Care UK, three million people in the UK are juggling work with unpaid...

MORE

Nov 21

Is your workplace sympathetic to the menopause?

In an episode of the Netflix series House of Cards, the American First Lady Claire...

MORE