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HR tip: Restrictive covenants


These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.

Question: "How can I make an employee accept a restrictive covenant?"

HR Tip: This could be difficult. If there is a really sound business reason for wanting the covenant, and the employee refuses it unreasonably you may well be able to impose it upon him or her. But you may have to wait until such time as you had to enforce the covenant and then take the issue to court.

This would be messy and expensive, and in the meantime you really would not know how you stand. Much better, therefore, is to offer the restrictive covenant in return for some benefit such as a pay increase, a lump sum payment or a better car. After all, it is for your benefit.

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