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""They provide great advice and support in terms of responding and helping us in understanding the process.""

Chambers and partners 2017

""Katherine is able to relate to us and make her advice very understandable""

Chambers and partners 2017

"Naomi Greenwood is held in high regard by clients for her "consideration and clear depth of experience,""

Chambers and partners 2017

"Commercial, pragmatic advice delivered on a timely basis"

Legal 500 2016

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Work place moves and restrictive covenants

Has your employer announced your place of work is moving or do you have restrictive covenants in your employment contract which seem obstructive?

Workplace moves

If your employer has announced that your place of work is moving to another location it is important that you fully understand your rights. 

The first step is to analyse the terms in your employment contract to see if the contract includes a mobility clause and secondly, if there is a mobility clause, understand whether the work place move falls within the mobility clause. It is mandatory that the employer holds a consultation to discuss the move and also provides you with reasonable notice.

Workplace moves can also give rise to discrimination and redundancy claims. It is important that as an employee you do not ‘unreasonably’ refuse the offer of suitable alternative work as this could be held against you in a redundancy situation. Thus it is important you seek legal advice at the earliest opportunity.

We can assist you by checking if your employment contract includes a mobility clause and understand whether the work place move falls within the mobility clause.

Restrictive covenants

It is not uncommon to find restrictions in your employment contract or other type of agreement. These restrictions mean that you agree not to do certain things for a certain period of time once your employment is terminated.

(However, restrictive covenants can be deemed unenforceable should they not be relevant to your position in the business.) Your employer needs to be able to prove that the restrictive covenant is:

  • reasonable;

  • necessary to protect legitimate business interests; and

  • of a duration no longer than is necessary to protect those interests.

A restrictive covenant is not allowed to be used as a restraint of trade. I.e. there is not allowed to be a blanket ban on you working in your chosen industry for any period of time. The courts take this very seriously.

If you would like advice on fully understanding the implications of restrictive covenants in an employment contract or you believe a restrictive covenant is unreasonable please contact Katherine Maxwell or Naomi Greenwood who will be able to explain to you in a very clear and friendly manner your position.

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