Post-Employment Restriction Advice

In some cases your former employer can limit the work you do, where you do it and who your new employer can't be.

Can my old employer stop me working for a competitor?

Whether you are looking to set up on your own or join a competitor, it is likely you have acquired an insight into your employer's business which might include commercially sensitive and confidential information. We will help you know where you stand.

What can my employer stop me from doing?

The most common types of restriction are:

• Preventing you from working for a competitor for a given period or from poaching clients from your former employer. The restrictions can either stop you soliciting clients or more onerously, prevent you have any dealings with them.
• In some circumstances your employer can prevent you from recruiting your former colleagues who were key to the business.

How enforceable are the restrictions?

Whether a restriction is enforceable or not will depend on the details of your contract and whether it was reasonable at the time you signed.

The restriction can only be used to protect a legitimate business interest and go no further than is reasonably necessary to protect the business.

What happens if I breach the restriction?

Many employers will see this kind of potential breach of contract as very serious and try to stop you from damaging their business interests. If you are facing an injunction or your former employer has sent a letter threatening you with proceedings to stop you working, you must seek immediate legal advice from an employment law expert.

You are usually only given a short time to respond to the threat of court proceedings. It is crucial you get specialist advice immediately - it is very easy for someone to say or do something that makes matters worse leading to serious financial consequences. Ignoring the allegations or not treating them as urgent could expose you to very substantial legal costs and damages.

We can identify your rights and responsibilities to your former employer and act on your behalf to help reach the best and quickest resolution for you.

Funding options for our advice

There are a number of different funding types in place which can be used to pay for the advice we provide on post-employment restrictions.

If you have any queries regarding options available, call our legal advisors today on 01246 266867 or complete our short online enquiry form.

Specialist Employment Lawyers

Our specialist employment team are experienced across a vast range of employment law areas. From dealing with work dismissals to wage disputes, our team will able to provide support to cater any of your needs.