Increasingly employers seek to protect themselves against the harmful competitive activities of ex-employees and prevent the disclosure of confidential information or trade secrets.

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. Employers who seek to impose such restrictions on employees must ensure that clauses are professionally drafted and that they are no wider than necessary to protect their 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.