Drafting & Enforcing Restrictive Covenants - For Employment & HR Advisers

Introduction

Restrictive covenants are critical tools for a competitive business but easily undermined if not skilfully drafted. The courts have recently tightened their approach to covenants, especially for junior employees. Knowing what’s enforceable versus wishful thinking can help avoid costly HR mistakes and enhance exit management.

As well as discussing current trends, this virtual classroom seminar will address the key recent decisions in recent case law and the practical implications.

What You Will Learn

This live and interactive course will cover the following:

• Introduction
• The Restraint of Trade Doctrine
• Legitimate Business Interests
• Drafting Covenants for enforceability
• Types of restrictive covenant
• Different types of contract and how the court may view them
• The relevance of the employee’s role and seniority
• Drafting and reasonableness: key considerations
• The period of restraint
• Scope of restricted activity
• Class of customers or clients
• Contractual issues
• Consideration for the covenants
• Probationary periods, promotions and role changes
• Impact of any prior repudiatory breach by the employer
• Alternatives to restrictive covenants
• Interpretation by the courts
• Severability or ‘blue pencilling’ - how far will the court go to uphold a covenant?
• TUPE transfers
• Enforcement: procedure and strategy
• Strategic exit management - practical steps to take at termination
• Injunctive relief - key procedural issues and how to prepare the ground
• Speedy trials - strategic and practical issues

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.