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Non-Competes: How the latest court of appeal decision impacts your restrictions - HR Director

Non-Competes: How the latest court of appeal decision impacts your restrictions - HR Director

By Ben Smith and Daniel Pollard - 11 November 2017

Non-compete clauses in employment contracts are an increasingly common - and controversial - tool for businesses to protect themselves from the risk posed by departing employees.

Such clauses typically prevent an employee from working for a competitor business (or setting up a competitor business) for a certain period following the end of their employment. Other post-termination restrictions might prevent departing employees from poaching clients or staff. Non-competes can be notoriously difficult to enforce and employers can incur significant legal costs attempting to enforce them. However, careful drafting can minimise this risk.

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