Lastly, there is a question as to whom these changes will apply to: employees only, or also partners and LLP members?
FTA: What is your advice to employers following publication of the proposals?
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SJ: While the changes are not yet introduced, the announcement is a good reason for employers to start contemplating new and practical ways to protect their businesses, interests and confidential information.
It will still be permissible for employers to utilise other types of restrictive covenants such as non-solicitation of or non-dealing with clients or non-poaching of employees, without the time limitations being applied to non-competes.
However, are they as well-drafted as they should be?
carmen.reichman@ft.com
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