It may be as an employer that you have certain employees who you consider particularly important to the business or who would be particularly difficult to replace in the event of their leaving. These people are sometimes described as “key workers”.

It is worth considering including a lengthy notice period and restrictive covenants in the contracts of employment of such key workers. Restrictive covenants are designed to protect your business as an employer.  Restrictive covenants must go no further than is reasonably necessary to protect your legitimate business interests as an employer otherwise they will prove unenforceable.

There are no hard and fast rules on restrictive covenants and their interpretation and enforcement can vary enormously. However they can be a valuable tool for an employer in retaining key workers and protecting your business in the event of their departure. Professional advice should be sought when incorporating them into contracts of employment.