At TV Edwards, our experienced employment solicitors provide practical and commercially focused advice to employers who are dealing with a breach of contract by an employee.
Whether the issues involve confidential information, restrictive covenants, customer relationships or other contractual obligations, obtaining early legal advice can help to protect your business and minimise any potential losses.
A breach of contract by a current or former employee can expose your business to financial loss, reputational damage and disruption to your operations. As trusted business employment solicitors in London and across the UK, we help employers assess their legal position and take swift action to protect their interests.
Need Advice on a Breach of Contract by an Employee? Contact Us Today
If you believe that an employee or a former employee has breached their contractual obligations, early legal advice can make a significant difference.
Our solicitors can help you to:
- Assess whether a breach of contract has occurred
- Protect confidential information and trade secrets
- Enforce restrictive covenants where appropriate
- Resolve disputes efficiently and effectively
Speak to our team today for practical employment law advice that is tailored to your business.
Breach of Contract by an Employee
A breach of contract occurs when an employee fails to comply with obligations that are contained within their employment contract.
Some examples may include:
- Misuse of confidential information
- Breach of restrictive covenants
- Unauthorised disclosure of trade secrets
- Soliciting customers or employees after they have left the business
- Failure to comply with contractual duties
When a breach occurs, employers should act promptly, as any delays can increase the risk of financial loss and may affect the options available to protect the business.
Our solicitors can assess the circumstances and advise you on the most appropriate and effective course of action.
Restrictive Covenants and Business Protection
Restrictive covenants are contractual clauses that are designed to protect legitimate business interests after an employee leaves employment.
Senior employees often have access to confidential business information, key customer relationships and commercially sensitive data. Restrictive covenants can help you to protect these assets and reduce the risk of competitive harm.
Common types of restrictive covenant include:
Non-Competition Clauses
These are clauses that seek to prevent a former employee from working for a competitor for a specified period following the termination of their employment.
Non-Solicitation and Non-Dealing Clauses
These restrictions are there to prevent former employees from approaching or conducting business with customers they dealt with during their employment.
Non-Poaching Clauses
These clauses seek to prevent former employees from encouraging colleagues to leave the business and join a competing organisation.
The appropriate scope of any restrictive covenant will depend on the employee’s role, responsibilities and access to sensitive business information.
Enforcing Restrictive Covenants
Restrictive covenants are only enforceable where they are reasonable and necessary to protect a legitimate business interest. The courts will typically consider factors such as:
- The employee’s position within the business
- The nature of the information being protected
- The duration of the restriction
- The geographical scope of the restriction
- Whether the covenant goes further than reasonably necessary
Restrictions that are too broad often become unenforceable. For this reason, getting legal advice when you are drafting and enforcing restrictive covenants is essential.
Our employment solicitors regularly advise employers on covenant enforcement and post-termination disputes.
Protecting Customer Relationships
One of the most common concerns for employers is the risk of customers moving their business to a former employee.
While employers cannot prevent customers from making their own commercial decisions, they may be able to take action where a former employee actively solicits customers in breach of the contractual restrictions.
Appropriate restrictive covenants can help businesses protect:
- Customer relationships
- Confidential client information
- Supplier relationships
- Business goodwill
We can advise you on the available legal remedies and help you respond quickly when risks arise.
Related Employment Services
How Our Employment Solicitors Can Help
Our employment solicitors provide strategic advice to employers who are dealing with contractual breaches and post-termination clauses.
We can:
- Assess potential breaches of contract
- Review the enforceability of restrictive covenants
- Advise on confidential information disputes
- Protect customer and supplier relationships
- Negotiate resolutions where they are appropriate
- Support litigation and enforcement action
Our advice is commercially focused and tailored to the specific needs of your business.
Why Choose TV Edwards?
- Highly ranked in legal directories – Legal 500 and Chambers UK
- Immediate emergency support – call us on 0203 440 8000
- Specialist representation
- Hardworking problem-solvers – we fearlessly challenge evidence, protecting your interests
- Honest and down-to-earth – we explain your options compassionately and in plain English
Contact Our Solicitors Today
Breach of Contract FAQs
What is a breach of contract by an employee?
A breach of contract occurs when an employee fails to comply with the obligations that are contained within their employment contract. This may include breaches of confidentiality, restrictive covenants or other contractual duties.
What is a restrictive covenant?
A restrictive covenant is a contractual clause that seeks to restrict certain activities after an employee’s employment ends. These clauses are commonly used to protect confidential information, customer relationships and other legitimate business interests.
Can restrictive covenants be enforced?
Yes, restrictive covenants can be enforced where they are reasonable and necessary to protect a legitimate business interest. Whether a covenant is enforceable will depend on the specific facts of each case.
Can I stop customers from moving to a former employee?
You cannot prevent customers from making their own commercial decisions. However, where a former employee actively solicits customers in breach of contractual restrictions, there may be legal remedies available.
