As a general rule post termination restrictions (i.e. restrictive covenants in employment contracts which are intended to operate after employment has ended) are anti competitive and in restraint of trade.

This is a complex area of law, but the basic position is that restrictive covenants are void as being contrary to public policy. Such covenants are normally only enforceable if they are no wider than necessary to protect the employer’s legitimate business interests.

If an employee breaches an enforceable covenant the employer may be able to seek an injunction or damages by way of remedy. We can provide expert advice on the enforceability of covenants.