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Restrictive Covenants

Broadly speaking, restrictive covenants are terms in contracts that restrict a person’s future employment in a particular way after they leave their role with their current employer. Restrictive covenants in contracts made in Scotland are enforceable if they intend to protect a legitimate business interest and they are not unreasonably limiting. If you are an employer, the specialist commercial litigation solicitors at Jones Whyte can help you draft effective restrictive covenants to include in your contract of employment. If you are an employee and you are seeking to challenge a restrictive covenant, or seeking advice on a term in a prospective contract of employment, contact Jones Whyte today.

Types of Restrictive Covenants

Restrictive covenants can take many forms, including non-competition covenants, non-dealing covenants, non-solicitation covenants or non-poaching covenants. If you are an employer and you are seeking to protect your business when employees leave by including a restrictive covenant in your contract of employment, then contact the dedicated solicitors at Jones Whyte today. We can help you carefully draft the clause to ensure it is enforceable.

Beyond restrictive covenants in employment contracts, they can also appear in contracts where the seller of a business signs a clause agreeing not to set up in competition with the business they have just sold. This kind of restrictive covenant will be much easier to enforce because it is entered into between businesses, whereas a restrictive covenant in an employment contract needs to be drafted much more carefully so as not to unduly take advantage of an employee.

Establishing Fair Terms in Restrictive Covenants

Restrictive covenants must not go beyond what is reasonably necessary to protect a business interest. For instance, if a restrictive covenant restricts an employee or a competitor business from working in a particular location, it is important to consult a specialist solicitor to ensure that the area proposed isn’t unduly wide.

When considering how long to make the restrictive covenant last, there really is no standard amount of time. It depends on the complexity of the business, the seniority of the employee and the sensitivity of the business to competition. The best thing you can do is contact the experienced solicitors at Jones Whyte. We can advise you as to the best way to approach the clause.

Contact our Restrictive Covenant Solicitors in Glasgow, Scotland

Whether you’re an employer seeking to draft a restrictive covenant that is capable of being enforced or an employee questioning a restrictive covenant in a contract of employment that you intend to sign, the specialist solicitors at Jones Whyte can help you. We offer expert advice and assistance, which is always honest, open and transparent. If we think that a potential restrictive covenant is too limiting and it is unlikely to be enforceable, then we will tell you. If you are challenging a restrictive covenant, we will help build as strong a case as possible. We are based in Glasgow and assist clients based across Scotland. Contact us today on  01413751222 or email This email address is being protected from spambots. You need JavaScript enabled to view it. .

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