The Use and Enforceability of Post-Termination Restrictions (PTRs) in the Employment Relationship

We are delighted to share Innangard’s podcast on the use and enforceability of post-termination restrictions (“PTRs”) in the employment relationship.

In this episode, Ulf Goeke of Seitz in Germany, Regan O’Driscoll of CC Solicitors in Ireland, Jef Michielsen of Bellaw in Belgium, Merrill April and Naomi Latham of CM Murray LLP, discuss the following:

Whether employers tend to pay employees to keep them out of the market for the duration of their PTRs and if so, does such a duty arise from case law or statute?

The UK’s Government consultation on potentially reforming the use of non-competes and how this position differs elsewhere in the world.

Are directors and partners/LLP members treated differently when it comes to enforcing PTRs, and is it common for their PTRs to be lengthier or more restrictive in comparison to employees?

How employers approach PTRs more generally, particularly in respect of inserting PTRs into contracts of employment, enforcing them once the employment relationship ends and whether the courts approach differs in any way.

Whether there are specific elements of a PTR, such as its geographical scope, which employers commonly include and/or are challenged by employees.
Similarly, whether the use of anti-team move provisions are commonly used in respective jurisdictions.

If you would like to find out more about the matters discussed in this podcast, please contact any one of the panellists or visit the Innangard website, LinkedIn or Twitter account for more information and contact details.