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:
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.