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ARTICLE · 26 JULY 2024

United Kingdom: Restrictive Covenants

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Post-termination restrictive covenants are fairly common in English employment contracts, particularly for senior employees or those with valuable connections, relationships or access to confidential information.

United KingdomEmployment and HR
Miriam Bruce
Miriam Bruce
Christopher Fisher
Christopher Fisher
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AT A GLANCE

Post-termination restrictive covenants are fairly common in English employment contracts, particularly for senior employees or those with valuable connections, relationships or access to confidential information. However, they are unenforceable unless an employer can establish that (i) it has a legitimate business interest that it is seeking to protect; and (ii) the restriction goes no further than is necessary to protect that interest.

GENERAL PRINCIPLES

Non-competition, non-dealing and non-solicitation restrictive covenants are only enforceable under English law if the employer can demonstrate that:

  • it has a legitimate business interest that it is seeking to protect; and

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