Jeremy Clarkson, who was publicly removed from his role as controversial Top Gear presenter by the BBC in March, has been making the news again as a result of his high profile sacking.

His name was in headlines again as it came to light that he may not be able to host a car show on a UK channel for a period of two years as a result of a term in his contract.

Luke Welsh, head of employment law at Howells Solicitors looks at if employers can legally prevent their ex-employees from working for a competitor? And if so, how do they go about enforcing it?

Clauses such as the one mentioned above are actually common in modern employment contracts, and are referred to as Restrictive Covenants.

These are considered vital in business, and are implemented in order to protect a business’ interests. However, it’s important to note that they strictly cannot go any further than is necessary to protect said interests.

In England and Wales, courts are very strict when an employer is seeking to enforce a restrictive covenant, particularly as these clauses can restrict an individual’s chance of finding alternative employment and can be seen as a restraint of trade.

A large percentage of employers implement a ‘one size fits all’ restrictive covenant, which actually can risk the clause becoming unenforceable. Restrictive covenants that accurately reflect an employee’s role within a company, as well as the workings of the company itself, are far more likely to hold up in court. For example, a restriction that refers to a set location and a specific length of time is far more likely to be enforceable than a blanket restriction.

When implementing restrictive covenants, employers also need to keep in mind that any period that an employee is placed on garden leave will be deducted from the length of time that a restrictive covenant covers. Also, if an employer wrongfully dismisses an employee (by failing to provide them with correct notice, for example) the covenant will be rendered invalid.

Should an employer believe that an ex-employee has breached their restrictive covenant, they can apply to the court for an injunction. Applications such as these are usually made for an interlocutory injunction pending a full trial, meaning that the court can attempt to stop the employee from continuing with the activity in breach of the contract immediately, until such a time that full evidence is heard.