Post termination restrictive covenants

RE: Post termination restrictive covenants

Alastair Welch — Tue, 11 Oct 2022 10:23:07 GMT

When we were a partnership we went through the process of updating our employment contracts and amongst other things spent quite a bit of time (and money in terms of legal advice) on this specific issue.

Our advice was that you could put what you like in the contract and someone could sign it, but it was only enforceable if the restrictive covenant was ‘reasonable’.

What was deemed reasonable would vary with lots of factors: geography, time limitation, seniority of the employee and crucially time itself (an old covenant which was reasonable when signed may become unreasonable over time).

The advice was that in general courts favoured an individual’s right to make a living over a business’s right to protect itself so whilst such restrictions could be found as reasonable, many would not.

Finally we were told that the covenant was either enforceable in its entirety or not at all: if there was a very well defined and reasonable geographical limitation but an excessively long time period the whole covenant fell.

RE: Post termination restrictive covenants

Elizabeth — Tue, 11 Oct 2022 09:10:44 GMT

Not sure how this works with corporations though. You may sign a contract agreeing distances from a company only to find the company has expanded to a ridiculous extent, and so your work options are far more limited than what you thought you were agreeing to.

RE: Post termination restrictive covenants

grumpyoldman — Mon, 10 Oct 2022 20:53:09 GMT

We do not make anyone , vets or nurses sign such things . We have gentleman’s agreements over CPD etc . I find if you stand behind your word most people seem to stand behind theirs . There is always the possibility that someone is going to leave then set up on your doorstep . That’s life , someone could just as easily come into the area or they could set up after leaving another neighbouring practice . If you are worried about this stuff then you may need to up your own game . I think it’s usually a storm in a teacup and doesn’t have any adverse effects on your business . Start ups tend to mostly generate their own client bases . If you made a deal you probably should stick to it , however there are always two sides . If someone was not happy but they were settled in the area with family and wanted to work elsewhere locally I would not expect them to up route spouse from their career and home or children from their schools . I have a feeling a judge could well see it the same way . Which is why I think those deals are unreasonable .

RE: Post termination restrictive covenants

Michael Woodhouse — Mon, 10 Oct 2022 19:58:56 GMT

[quote userid="4501" url="~/001/nonclinical/f/life-in-practice-discussions/30444/post-termination-restrictive-covenants"]Does anyone know a solicitor or solicitors who are experienced in fighting post termination restrictive covenants please?[/quote]

If you signed the contract as a professional then you should honour that contract. The time to raise the issue was before you agreed to it.

RE: Post termination restrictive covenants

Bob Russell — Mon, 10 Oct 2022 08:52:12 GMT

Quite rightly the protection for maternity and now paternity pay/leave is fierce. The employer will generally find themselves in trouble!

Your employer is likely to have access to legal advice through his/her/its insurance so should be no need for you to provide advice in writing!

RE: Post termination restrictive covenants

Andreas Ege — Sun, 09 Oct 2022 16:18:08 GMT

[quote userid="4256" url="~/001/nonclinical/f/life-in-practice-discussions/30444/post-termination-restrictive-covenants/239486#239486"]Also may be worth seeing an employment lawyer and paying a consultation fee to get advice from someone who's job it actually is - often a first appointment with a solicitor is free or reduced price[/quote]

That worked for me with my paternal leave dispute. Solicitor confirmed my point of view. Didn't charge for the advise over the phone (obviously vets are not he only ones giving free advise, at least sometimes).

First the boss insisted of getting the advice given in writing, but disisted after I told him I'm happy to ask for that if he's willing to pay.

RE: Post termination restrictive covenants

Stephen Courtney — Sun, 09 Oct 2022 11:22:15 GMT

I can get legal advice on a number of issues including contact disputes with my employer as part of my home issuance policy - I always tick for legal cover, never had to use it but nice to know it's there.

Also may be worth seeing an employment lawyer and paying a consultation fee to get advice from someone who's job it actually is - often a first appointment with a solicitor is free or reduced price

RE: Post termination restrictive covenants

Miriam Lodewyks — Sat, 08 Oct 2022 22:10:44 GMT

Have you spoken to BVU?

RE: Post termination restrictive covenants

Andreas Ege — Sat, 08 Oct 2022 12:29:39 GMT

Which I wouldn't rely on. The wife didn't get usable information relating to a traffic incidence and I was given completely wrong information regarding a paternal leave dispute.

RE: Post termination restrictive covenants

Jill Butterworth — Sat, 08 Oct 2022 10:09:20 GMT

If you belong to BVA you can get free legal advice.