Overview

In the face of continued economic uncertainty and competitive recruitment, employers should be mindful of post-termination restrictions in prospective employees' contracts of employment. This briefing from Shoosmiths argues that it is crucial that such restrictions are considered and dealt with appropriately at an early stage to minimise the risk of potential litigation.

In 2011, many industries responded to the recession by scaling back production and making large scale redundancies. Employers are acutely aware of the need for effective restraints on employees after they have ceased active service, and are increasingly prepared to take action to enforce such restraints by way of an injunction concerning confidential information.

The briefing summarises the post-termination restrictions available to employers and provides advice on how employers should deal with a candidate whose contract contains post termination restrictions.

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