Non-competition, non-dealing and non-solicitation restrictive covenants are only enforceable under English law if the employer can demonstrate that: it has a legitimate business interest that it is seeking to protect; and.
Is a 12-month restrictive covenant enforceable? Each case turns on its own facts, but a court is generally reluctant to enforce restrictive covenants longer than 12 months. Market practice dictates a period of between 3 and 6 months is appropriate for more junior employees.
How long do restrictive covenants last? They have no official expiration date. As long as the legal requirements for a restrictive covenant are otherwise met, a restrictive covenant could be hundreds of years old and could still be enforceable.
It is possible to apply to the Lands Chamber of the Upper Tribunal to have a restrictive covenant “discharged or modified”, as the statute puts it, in order to get the covenant removed or changed so that development can take place or the use of the land can be changed.
For example, restrictive covenants can prevent owners and tenants from making certain renovations, having pets, parking RVs in the driveway, or raising livestock.
There may be terms in your contract that says you can't work for a competitor or have contact with customers for a period of time after you leave the company. These are called 'restrictive covenants'. Your company could take you to court if you breach the restrictive covenants in your contract.
The primary remedy for breach of a Restrictive Covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead of an injunction.