Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Employment solicitor Chris Hadrill offers advice to employees who have been dismissed but have restrictive covenants in their contract of employment

Q. I have been dismissed by my former employer and have made a claim for unfair dismissal in the employment tribunal. However, I think I am stopped from obtaining new employment in the industry that I worked in because of restrictive covenants in my contract of employment. Do these covenants still have effect if I’ve been unfairly dismissed, as I’m claiming?

Restrictive covenants are contractually-binding promises not to do something. In an employment context they’re often known as “post-termination restrictive covenants” – as the name suggests they attempt to bind an employee not to do particular things after that employee leaves their employment. Generally, post-termination restrictive covenants attempt to bind the employee in some or all of the following ways: not to compete with their employer; not to solicit former clients and/or employees; not to misuse confidential information; and/or not to deal with former clients (among other things).

The effect of the restrictive covenants in your contract of employment will depend upon what those restrictive covenants actually are. If there is a non-compete covenant in your contract then this will generally stop you from competing in a particular manner with your employer for a particular time and in a particular geographical area after your employment ends. This can be, as you can imagine, quite restrictive and may stop you from obtaining employment for a period of time after you leave your job.

If you have been unfairly dismissed from your job (but not wrongfully dismissed or in any other way in breach of your actual contract) then the restrictive covenants will still generally take effect – unfair dismissal is a statutory claim and therefore an unfair dismissal will not breach your contract of employment, releasing you from the restrictive covenants. In order to try and argue that the manner of your dismissal has breached your contract of employment (and that you’re therefore not bound by the covenants) you may wish to rely on facts which demonstrate that there has been a breach of your contract – such as a failure to pay you adequate notice pay or a failure to pay you wages that you are owed (such as, for example, commission owed). However, although the benefit of such an argument is that you can potentially obtain release from any restrictive covenants, there is also the burden that such a line of argument can open you up to a counter-claim in the employment tribunal for negligence and/or breach of contract. The benefits of such an argument must therefore be weighed carefully against the potential burdens.

Generally, a “simple” unfair dismissal claim will not allow an employee to argue that they are released from any restrictive covenants in their contract of employment – the employee will instead need to argue that there has been a repudiatory breach of contract by their employer which releases them from the effect of any covenants. However, and as above, this may be a risky argument – it is therefore advisable that an employee obtain suitable legal advice from a specialist if they think that they’re bound by restrictive covenants.

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog. Contact Chris by emailing him at chadrill@redmans.co.uk

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.75 Average

120 Reviews

Anonymous

Easy to get hold of. Quick.

Posted 1 day ago

Owen J

Very helpful, efficient service.

Posted 2 days ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 1 week ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 1 week ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 1 week ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 1 week ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 1 week ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 1 week ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 3 weeks ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 3 weeks ago

Tim O

Experienced and competent advisors

Posted 3 weeks ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 4 weeks ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 4 weeks ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 1 month ago

Anonymous

Good service

Posted 1 month ago

Anonymous

Excellent professional service. Highly recommend.

Posted 1 month ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 1 month ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 1 month ago

Anonymous

Fantastic and quick service!

Posted 1 month ago

Anonymous

I was very satisfied with Redmans' service. Clear, sensible advice and the bill was in line with their estimate. I would recommend them.

Posted 1 month ago

Eugene A

Excellent communication and guidance provided on the redundancy settlement process. Process was concluded quickly, very satisfied with service.

Posted 1 month ago