We cannot draft docs on here, sorry. I can tell you that a 3 year restriction is unenforceable. 3-6 months is as much as you will get away with.
will tell you now that courts are reluctant to enforce these kind of covenants.
often, it comes down to who has the deepest pockets and who bottles out first
if proceedings are issued to enforce the covenant.
starting point is that these restrictions are void for illegality but if the business wishing to rely on the covenant can
convince a court that the restriction is designed to protect legitimate
business interests and it extends no further than is reasonably necessary to
protect those interest, then it will be upheld and can be enforced.
are three issues to take into account: one is the geographical area of the
restriction, two is the length of time, and three is the type of business.
three are taken into account.
geographical area is unlikely to be enforceable in the restriction is for more
than 6 months or 12 months.
is then necessary to look at the type of business. To stop someone being a
newsagent, for example, 50 miles away, even for three months, is ridiculous and
it is not necessary to protect the original business.
however the same newsagent could not be a newsagent within 1 mile radius for 12
months. That could be enforceable, just about, but it would be a good argument
to be had. Costly as well.
Trade secrets may be granted wider protection. If for
example you are going to use information that you gleaned at the original