Restrictive Covenants
When recruiters leave, the real question isn’t whether you have restrictive covenants. It’s whether they’re enforceable.
recLAW helps recruitment businesses review, strengthen and enforce restrictive covenants that protect client relationships, candidate networks and confidential information.
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How We Help Protect Your Business
Restrictive Covenant Reviews
Not sure whether your restraints are actually enforceable? We review employment contracts, identify weaknesses and provide practical advice on where you stand before a dispute arises.
Contract Drafting & Updates
Many restrictive covenants fail because they’re too broad, outdated or poorly drafted. We create recruitment-specific restraints designed to protect your clients, candidates, confidential information and workforce.
Enforcement & Injunctions
When a recruiter leaves and starts breaching their restrictions, speed matters. We help businesses assess breaches, take action and seek injunctions where appropriate.
Exit & Risk Management
The strongest restrictive covenants are supported by the right exit process. We advise on garden leave, resignation management, evidence gathering and protecting the business before problems escalate.
FAQs
What evidence do I need if I think someone is breaching their restrictions?
Gather as much information as possible, including the employee’s contract, key employment dates, any emails or messages, evidence of client or candidate contact, competitor involvement and details of any financial loss. The more evidence you have, the easier it is to assess the breach and advise on the most effective course of action.
How quickly should I act if I suspect a breach?
Immediately. Acting quickly helps preserve evidence, assess the strength of your position and maximise the legal options available. In some cases, urgent action, including an application for an injunction, may be appropriate.
How long do restrictive covenants last?
There is no standard duration. What’s reasonable will depend on the employee’s role, seniority and the business interests being protected. Restrictions that go further than necessary are more likely to be challenged, which is why careful drafting is essential.
Do I need to update restrictive covenants when someone is promoted?
In most cases, yes. Restrictive covenants should be reviewed whenever an employee is promoted, even if they are signing a new contract without changing the effective date. This helps ensure the restrictions remain reasonable for their new role and are more likely to be enforceable.
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