If your business relies on confidential information, key employee relationships or unique client connections, you need legal protections that work.
Restrictive covenants and confidentiality clauses are vital tools to safeguard your interests. Whether you’re drafting a contract, defending an agreement or responding to a potential breach, expert legal support makes a real difference.
Whether you are in the process of negotiating your contract of employment or looking to move on, it is important that you fully understand any restrictive covenants or confidentiality obligations and the impact these may have in the future. Similarly, you may have changed employment and already be in breach or alleged breach of your previous contract. Things can get messy. Litigation can be expensive and time-consuming, and could also cause problems for your new employer. We’ll help you avoid this.
Our specialists co-ordinate to give you expert advice in relation to restrictive covenants. They can arise in employment contracts, partnership agreements, shareholder agreements, business acquisition agreements or management buy-out agreements. There can be a whole variety of situations. Moreover, they’re often entered without much thought into what might happen if things go sour.
Restrictive covenants are provisions in employment or service contracts where an individual agrees to limit certain activities after termination. Often called non-compete clauses, this is an area of law that is complex and one which changes regularly. Quite often, clauses can overreach and be excessive both in terms of time, geographical restrictions and areas of work.
Common types include non-competition, non-solicitation and non-dealing clauses. Under UK law these clauses are only enforceable when they protect a legitimate business interest and are reasonable in scope and duration.
They can arise to ensure that you don’t compete with your employer post-termination, or that you don’t compete with someone who has acquired your business. They are often used in finance or insurance and it’s where our expertise really lies.
Confidentiality clauses, sometimes part of employment contracts, settlement agreements or separate non-disclosure agreements (NDAs), restrict the disclosure or misuse of sensitive information. They help protect trade secrets, client lists, marketing plans and other valuable data.
We’ll help you to challenge the clauses where appropriate and to minimise your risk if necessary. If the worst happens and proceedings are issued, our specialists work with our litigators to get you the best possible outcome and to look at things strategically to allow you to move forward with your plans.
Our specialists are here to help you navigate the risks. It’s best to get advice on the potential liabilities. At BTMK, we’re here to offer that advice.
In a competitive market your business could lose value if former key people use privileged knowledge or client relationships to benefit a competitor. Likewise, uncontrolled disclosure of confidential information exposes you to reputational damage, loss of advantage and financial risk. Solid legal measures give you clarity, deter misuse and support effective action if things go wrong.
At BTMK, we’ll start by assessing your business context. That means reviewing your current contracts (or proposed ones), identifying what interests need protection and advising on what can realistically be enforced.
For restrictive covenants we help you draft or re-draft clauses that secure only what is necessary. This might be the right duration, geographic reach and subject matter that would stand up in court. For confidentiality we ensure your terms are clear, appropriately tailored and aligned with legal limits, for example protecting your right as a whistle blower.
If a breach occurs, or is threatened, we’re here to ensure the correct response. This includes gathering evidence, sending formal notices, seeking injunctions and pursuing damages as required.
From the outset we will review your current contracts or proposed agreements to identify where restrictive covenants or confidentiality terms are needed and how they should be structured. We explain what protections are legally sound and what may be vulnerable.
We’ll help you draft new provisions with precise wording that aligns with your role, the business context and enforceability criteria. If a breach occurs or is threatened, we look at the option including injunctions, damages or other remedies.
When you work with us you gain access to specialists who understand the fine balance between protecting your business interests and ensuring enforceable agreements. We have experience in reviewing, drafting and defending restrictive covenant and confidentiality clauses in employment and commercial settings. We’ll protect your legitimate business interests such as trade secrets, client relationships or sensitive information. And we ensure your restrictions are reasonable in scope, duration and geography. We make sure issues are avoided rather than just addressed after a problem arises. With BTMK your business gets clear advice, realistic risks and support you can act on.
This is a constantly evolving and challenging area of the law. We have a wealth of experience, in particular acting for senior individuals in the insurance, banking and finance sectors. You need advice quickly. And not only about your options but how the other party is likely to react. At BTMK our experienced team knows the options available to the other side. So, we can act strategically to ensure the risk of you being embroiled in lengthy and expensive litigation is minimised.
If you need help drafting, reviewing or enforcing restrictive covenants or confidentiality agreements, get clear and practical legal support from BTMK. Contact us for a consultation to discuss your specific situation.
Common restrictive covenants include non-compete clauses – preventing employment in a competing business; non-solicitation clauses – preventing contact with former clients or staff; non-dealing – preventing dealing with former clients via another route.
If it protects no legitimate business interest or is broader than necessary, for example too long, too wide or too general.
It should define what information is confidential, set out permitted use, restrict disclosure and state how long the obligations apply, including post-termination.
Any clause that attempts to prevent someone making a protected disclosure, for example about harassment or crime, may be void.
Act quickly and preserve evidence. You can send a formal notice, consider obtaining an injunction and assess any damages or other remedies.
