Employment and pensions

Employment Law Coffee Break Podcast | An update on post-termination restrictions

Published on 4th Feb 2021

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At the end of last year, the government published a consultation looking a potential reforms to post-termination restrictions in employment contracts. In summary, two options are being considered in relation to non-compete provisions; a payment of compensation for the duration of the restriction, or a complete ban. Any reforms may also be extended to other forms of restrictions, such as non-solicitation and non-dealing provisions. The consultation closes on 26 February. More detail can be found in our earlier Coffee Break here. In the interim, the High Court has issued an interesting decision looking at the enforceability of a non-compete provision which we discuss, along with the consultation, with Anna Elliott in this week's podcast.

With job security a concern for many employees, there is an accompanying risk of these individuals looking for roles elsewhere. For employers concerned about retention or business protection, now is an important time to be aware of the employee behaviours that can flag up a problem and the steps to take to protect your business from team raids and other threats to your business interests. These are issues we will be exploring next week.

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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