As the excitement of the Euros sweeps across the continent, bringing with it a fresh wave of football fever, we find ourselves revisiting the strategic plays not only on the pitch, but also in the realm of employment law.
With this in mind, we are delighted to republish our previous article, written by associate Leslie Martin, which takes a light-hearted look at restrictive covenants through a footballing lens.
Originally set against the backdrop of the World Cup 2022, the strategies, defences and manoeuvres within this piece are just as pertinent, as teams across Europe now vie for glory.
However, one key update to note is that, since this article was published, the government has published its response to the 2020 consultation on reforming non-compete clauses. In that response, the government confirmed that it would not be proceeding with the proposal to introduce mandatory compensation for non-compete clauses, but would instead look to introduce a three-month cap on their duration. This cap would only apply to worker and employee contracts, not to other agreements that might contain non-compete clauses, such as LLP or shareholder agreements.
No specific timetable of when the cap might come into effect was given. However, even without the cap, restrictive covenants remain a tightly regulated area and our article aims to guide you through the key considerations.
Should you have any queries around the drafting or enforcement of restrictive covenants, please do not hesitate to reach out.
