Our EMPLOYMENT team seeks to anticipate potential issues and offers creative, timely and practical solutions to modern workplace issues

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Restrictive Covenants and Confidentiality

Protecting an organisation’s confidential information, customer base and key employees is usually critical to the ongoing success of the business.

Post termination restrictions (restrictive covenants) are therefore essential to safeguard the business and must be carefully drafted to maximise the chances that they will be enforceable in the event that they need to be relied upon.

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We advise employers on post termination restrictions, both at the point of drafting and negotiating the restrictions and when an employee is leaving his or her employment. We also advise employers where it is suspected that post termination restrictions may have been breached and we advise employers who are looking to hire someone who had restrictive covenants in their previous contract of employment. 

We are experienced in providing pragmatic advice and assistance to clients across all industries to help them protect their confidential information and prevent unfair competition in what are commonly very tight time constraints.

We have particular expertise in:

  • Drafting non-disclosure covenants and advising on employee confidentiality obligations during employment and following the termination of employment
  • Drafting and advising on post termination restrictions covering the non-poaching of employees, non-solicitation and non-dealing with customers and suppliers and non-competition
  • Obtaining undertakings from employees to refrain from breaching post termination restrictions
  • Commencing and defending High Court injunctions to prohibit the use of confidential information and enforce post termination restrictions, including springboard injunctions (preventing competitors gaining an unfair competitive advantage)
  • Advising employers on preventing team moves


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