Get UK Law Questions Answered by Verified Experts
Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.
If you can convince a court that the 6 month covenant is:
then it will be upheld and enforced. In your case both of these factors appear to be met since a non-compete or non solicitation clauses may be enforced to protect a legitimate business interest such as client connections, confidential information or a stable workforce; and not simply to stifle or prevent competition.
Your most common remedy would be to seek an injunction. An application will generally be made for an injunction and request that the employee "deliver up" or destroy confidential information. This means that the court will be asked to stop the employee in his/her tracks and will hear the full evidence at a later date in another trial.
If you claim a financial remedy or damages for breach of a restrictive covenant, then you will need to show some loss resulting from the breach. This will normally be loss of profits on contracts or opportunities diverted by the employee.
Please Note: (1) Just Answer’s site disclaimers apply to all levels of service; (2) Most follow-up questions are answered with in the hour; however, if I am not signed on, please allow up to 24 hours; and (3) If we are done, please assign a feedback rating so Just Answer will compensate me for your question. Thank you for using Just Answer.