Non Compete Agreement & Garden Leave

One of the most important issues you’re likely to face if you want to take a step up the professional ladder is how to reconcile the conditions of your current contract. Certain clauses may restrict any work which might put you in direct competition with your current or most recent employer, and the duties involved in your new role.

Contact our expert non compete lawyers on 0161 930 5151, e-mail employmentteam@gorvins.com or fill in our online form and we will call you back.

How can Gorvins help you?

If you want to smooth the path between jobs, it may be essential for you to seek advice from our specialist non compete lawyers. Our many years’ experience of helping people facing all kinds of employment law issues makes us one of the best-equipped firms in South Manchester for advising on difficulties with contract and employment competition issues.

Our team can offer expert help, based on knowledge of helping hundreds of clients in similar situations, covering issues such as:

• Advice on the ‘fine print’ of your new employment contract
• Advice in advance of accepting a new job with a competitor
• General advice about the reference/enforceability of contract terms
• Support and guidance on receipt of a threat of legal proceedings from a former employer
• Representation in any proceedings arising out of competition issues
• Help with understanding what competition claims mean and their impact on your plans

Restrictions on your future professional activities (Restrictive Covenants)

It is increasingly common for employment contracts to contain what are known as restrictive covenants which might prevent you from doing any work which is in competition with your former employer for a set length of time. The law closely polices the circumstances in which such restrictions can be applied, and an employer has to prove that they are enforced for legitimate business interests and are reasonable.

Restrictive covenants can cover a range of business activities, such as:

• An obligation that you cannot work in a similar capacity for a directly-competing employer
• A clause preventing you from trying to poach clients or suppliers who worked with your former employer
• Conditions to prevent you, as a representative of another business, from attempting to ‘poach’ former colleagues for your new employer

‘Gardening leave’

A contract clause placing you on ‘garden leave’ is often put in place to prevent you from taking up any work in direct competition with a former employer, while that employer’s replacement employee for you establishes him or herself in the post. It effectively prevents you from starting work with a potential competitor for a set length of time, during which the intention is that any confidential information to which the potential competitive damage that you could cause diminishes. In the meantime, your employer has to pay your usual salary and benefits as your employment is continuing.

Team moving

As many jobs involve groups of people becoming established as a team within the care of their employer, it is becoming more common for such entire groups of workers to be sought out by rival businesses. Such moves can be a legal minefield, so our employment law specialists can advise on the merits of, or restrictions involved in, such circumstances. The law is currently showing an inclination towards protecting the interests of an employer faced with such a scenario. As a result, taking legal advice is essential if you are a party to a potential ‘team move’ to ensure that you stay on the right side of the law.

Get advice on non compete agreement law as early as possible

In a highly competitive commercial world, employees are well-advised to make themselves aware of any potential contract and competition issues that might arise in the event of you leaving your job. Here at Gorvins, we can help you establish a clear strategy for dealing with such issues, and offer unbiased advice. With Gorvins, you have the added benefit of many years of experience and expertise in advising individuals across all industry sectors nationwide.

Contact our non compete lawyers today

Contact us for a consultation on any matter of competition law, in order to be sure of staying on the right side of the complex issues which this area can create. Call us on 0161 930 5151, e-mail employmentteam@gorvins.com or fill in our online form and we will call you back.

Our expert team of non compete lawyers is ready to advise you on all areas of employment competition law including non compete agreements. Due to the difficult nature of this area of law, you will only be dealt with by expertly trained personnel to ensure the process runs as smooth as possible for you.