Resolving restrictive covenants - breach of contract issues
28 April 2010
A client came to us asking for advice in connection with him having given notice to leave his employer. His employer was saying that he was unable to leave immediately due to his 6 month notice period and they had the right to put him on garden leave for this period. Our client wanted to start work with a competitor as soon as possible and was unaware of his obligations to his employer. Fortunately he came to us for advice before he breached his contract including his non-compete post termination restrictive covenants. Although we advised he was bound by these covenants so under contract would not be able to start work for his prospective employer for some months, we suggested that he ask his employer if they would agree to release him early. This can often be a practical solution to these kinds of situation, depending on the relationship of the parties.