Restrictive covenants are a complex beast: in England and Wales, post-termination restrictive covenants will be unenforceable for being in restraint of trade unless the employer can prove that they protect a legitimate interest (such as trade connections, confidential information and workforce stability) and the scope and extent of the covenants are reasonable.
North American businesses often have a separate confidentiality and transfer of intellectual property rights agreement they ask employees to sign. We say that this agreement must comply with the laws where the employee is working. We can update these agreements so that they are compliant with English law and improve what may otherwise be unenforceable.
Please contact us for further information.