Employment Law

Restraint of Trade

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Restraint of Trade

Many contracts of employment seek to impose restrictions upon the conduct of employees once the employment contract has been terminated. In determining whether to enforce clauses of this nature, the courts will weigh the public interest that there be a minimum restriction upon each citizen’s right to work against the employer's entitlement to reasonable protection of their legitimate business interests.

The courts will not generally enforce a blanket ban on competition that is not reasonable. The court will be more sympathetic to enforcing clauses designed to prevent an employee exploiting confidential information obtained during employment or personal acquaintance with customers or “trade secrets”. The restraint of trade clause should not exceed what is necessary to achieve this protection.

Restraint of trade clauses typically seek to restrain employees from:

  1. Trading in a competing business for a specific period of time within a specified geographical territory.
  2. Undertaking specific activities – for example, soliciting or dealing with existing customers of the employer.

The courts will judge each case on its specific facts; what is reasonable protection for a solicitor’s practice may be excessive for a sandwich shop.

An action to enforce a restraint of trade clause is brought through the civil courts seeking a remedy of an injunction and/or damages (compensation for loss). Cases of this kind are inherently risky because the outcomes are often so “fact specific”. This is a difficult and fast changing area of law and prompt and expert advice is necessary.

Employment Law- Fixed Fees

INITIAL FREE HALF HOUR APPOINTMENT

This includes:- Attending you for a preliminary appointment to see whether you have a case or can defend a case. Please note that this is for 30 minutes only and does not include advice in writing.


We are able to offer fixed fees to both claimants and respondents in relation to Employment Tribunal claims. Please contact us for specialist advice and further details.

Preliminary Advice

This includes:

Taking instructions (up to 1.5 hours)

Detailed advice letter

 

Fee £250

VAT @20%

TOTAL £300

Employment Tribunal Proceedings

Advising employee on an Acas Early Conciliation Notification (now an essential first step before lodging an employment claim)

 

Fee £200

VAT @20%

TOTAL £240

  

Preparation of a Claim Form ET1 on behalf of an employee

 

Fee £400

VAT @20%

TOTAL £480

  

Preparation of a Claimant's Schedule of Loss

 

Fee £200

VAT @20%

TOTAL £240

 

 Preparation of a Claimant's List of Documents

 

Fee £400

VAT @20%

TOTAL £480

 

Advising an employee in relation to a flexible working request

 

Fee £400

VAT @20%

TOTAL £480

 

 Preparation of contracts of employment and statutory terms and conditions

 

Fee £250 - £400

VAT @20%

TOTAL £300 - £480

  

Preparation of standard disciplinary and grievance procedures

 

Fee £400

VAT @20%

TOTAL £480

 

Drafting and preparation of Respondent’s Response ET3

 

Fee £400

VAT @20%

TOTAL £480

Preparation of Witness Statements

Fee £200 - £400

VAT @20%

TOTAL £240 - £480

Chris Kingham

Solicitor
CONTACT

Quintin Barry

Consultant Solicitor & Notary Public
CONTACT
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Eastbourne
East Sussex 
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Lewes
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