Restrictive Covenants in Employment Contracts
Specialist employment law solicitors in London and the South East – helping you navigate post-termination clauses and protect your next move.
Protect your next move with expert advice on restrictive covenants.
Restrictive covenants are designed to safeguard your employer’s business once you leave. But they can also limit your freedom to work, compete or take up new opportunities.
At Thomas Mansfield Solicitors, we help employees, directors and senior professionals understand the true impact of these clauses – and respond strategically.
Whether you’re planning a move, reviewing a contract or facing legal pressure from a former employer, we provide clear, practical advice to protect your career and reputation.
Common post-termination restrictions include:
- Non-compete clauses – Stopping you joining a competitor for a period of time.
- Non-solicitation clauses – Preventing you approaching former clients.
- Non-dealing clauses – Stopping you working with clients, even if they contact you.
- Non-poaching clauses – Restricting work with former colleagues.
- Confidentiality clauses – Limiting the use or sharing of sensitive information.
- Garden leave – Keeping you out of the market during your notice period.
How we help
We act quickly, discreetly and always with your goals in mind. Our specialist employment lawyers will help you:
- Assess whether your restrictive covenants are enforceable.
- Navigate contract terms during or after employment.
- Respond confidently to legal threats or demands.
- Manage risk when moving roles or sectors.
- Safeguard your reputation and future opportunities.
Call our employment law team on 0204 571 1443 or
What restrictive covenants mean for you – and how to respond.
Are restrictive covenants enforceable? Not always.
To be valid, restrictive covenants must:
- Protect a legitimate business interest.
- Be reasonable in time, geography and scope.
- Go no further than necessary.
We regularly review and challenge contract terms, giving you a clear view of what’s likely to stand up – and what won’t.
Under pressure? We’ll help you respond.
Former employers sometimes act aggressively. You might receive:
- Solicitor letters asking you to ‘cease-and-desist’.
- Threats of legal action or injunction.
- Pressure to abandon a new role or client.
We move quickly to protect your position. Where possible, we resolve issues discreetly. Where necessary, we’ll represent you robustly in court.
Leaving a role or starting a new one? Take advice early.
You may be asked to agree to post-termination restrictions – clauses that limit what you can do once you leave. These could prevent you working for a competitor, dealing with past clients, or recruiting former colleagues.
We help you:
- Review your contract and assess restrictions.
- Understand enforcement risk.
- Negotiate safely with new and old employers.
- Protect your next move and long-term reputation.
Meet our employment law partners
Why choose Thomas Mansfield for restrictive covenant advice.
- Recognised experts – Ranked in the Legal 500, accredited by Lexcel and members of the Employment Lawyers Association.
- Specialist employment lawyers – Experienced in advising on restrictive covenants a range of across sectors, including finance, technology, media, healthcare and professional services.
- Swift, strategic action – From early advice to urgent injunction defence, we move quickly to protect your career and reputation.
- Accessible and responsive – With offices in London and the South East, and remote consultations wherever you are.
Call our employment law team on 020 4579 5997 or
Need advice on restrictive covenants in employment contracts?
We’ll help you protect your career, make informed decisions and take your next step with confidence.
Frequently asked questions
What should I do if I’ve received a legal letter from my former employer?
Don’t panic - but don’t ignore it either. Legal letters often sound more threatening than they are. Your former employer may not have grounds to enforce the restrictions, even if they claim otherwise. We’ll assess the situation quickly, advise on how to respond, and negotiate or defend your position if necessary. Our employment lawyers act swiftly to protect your interests and keep things under control - without unnecessary escalation.
What happens if my employer tries to enforce a restrictive covenant?
Your employer may apply to the High Court for an injunction to stop you from breaching the covenant - or seek damages if they’ve suffered a loss. These claims are complex and fact-specific. We’ll assess your position quickly, deal with any correspondence from their solicitors, and defend your case where necessary - aiming to resolve the matter swiftly and minimise disruption to your career.
Should I get legal advice before accepting a new role?
Yes - especially if your new role is in the same industry or with a competitor. Restrictive covenants in your employment contract may limit what you can do, even after your employment ends. Getting advice early can prevent costly misunderstandings or disputes later on. We’ll review your existing contract, flag potential risks, and help you move forward safely - whether that means renegotiating terms or taking steps to protect yourself and your new employer.
I’m a director with detailed covenants – can you help?
Absolutely. We regularly advise directors, board members and senior executives on complex employment and post-termination obligations, including fiduciary duties, non-compete clauses and shareholder agreements. These restrictions are more likely to be enforced at a senior level, so careful review and clear advice are essential. We’ll help you understand the risks, negotiate your exit if needed, and protect your position as you take your next professional step.
Can I work for a competitor if I have a non-compete clause?
Possibly. It depends on how the clause is drafted and how reasonable it is. Some non-compete clauses are too broad or long to be enforced. Others may be valid but still open to negotiation. We’ll assess the legal strength of the clause, discuss your employment history and role, and help you explore whether joining a competitor is a safe option - or whether adjustments can be made to minimise risk and avoid disputes.
Can I negotiate restrictive covenants before I leave?
Yes - and if you’re planning to move to a competitor or start a business, it’s often a smart move. If your exit is being negotiated or involves a settlement agreement, restrictive covenants can usually be reviewed, limited or even removed. We regularly help employees and senior executives negotiate favourable post-termination terms that reflect their future plans. Whether you’re still employed or already in the middle of discussions, we’ll assess your contract, identify where restrictions can be softened and support you in achieving greater freedom to move forward with your career.
Can I negotiate changes to restrictive covenants before I start a new job?
Yes. It’s much easier to negotiate restrictive covenants in an employment contract, before you sign a new employment contract than after you’ve started. If a clause seems too broad or could limit your future career options, we’ll help you negotiate fairer terms upfront - giving you greater flexibility and peace of mind from day one.
Are restrictive covenants in my employment contract legally binding?
Not always. For restrictive covenants in employment contracts to be enforceable, it must protect a legitimate business interest - such as confidential information or key client relationships - and be reasonable in length, scope and geography. Some clauses go further than necessary and wouldn’t stand up in court. We’ll review your contract, explain your position, and help you understand whether the restrictions are enforceable or open to challenge - giving you peace of mind before you make your next move.
Contact us
Contacting the right person couldn’t be easier. Use our form or call us to speak to an experienced employment solicitor in confidence.
Please note we do not offer legal aid or no win no fee agreements.