Uncertain about a ‘Restraint of Trade’ clause in your employment contract? Let the employment law specialists at Stacks answer any questions you have.
Employers want to protect their businesses in any way they can. One way to ensure that they don’t lose valuable workplace secrets or clients is to include ‘restraint of trade’ clauses in their staff employment contracts.
The idea is that an employee or partner is prevented from leaving the business and immediately setting up their own rival business or joining a rival company and taking valuable clients with them.
But despite having a ‘restraint of trade’ clause in your contract, your employer may or may not be able to enforce it in Court. It has often been the case that the courts will not impose a restraint on an employee’s ability to earn money and support themselves.
But every matter is different and it will depend whether there are any ‘special circumstances’ that make the restraint of trade necessary. It is a complex area of Employment Law.
A Stacks Employment Lawyer will be able to look closely at your Contract and advise you about your particular situation regarding any ‘restraint of trade’ clauses and their affect on your future work prospects. We can also help you to negotiate fair terms when you first sign your Employment Contract and, if necessary, act on your behalf to resolve legal disputes.