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Restrictive covenant enforcement letter template

Reviewed 1 November 2021

Contracts of employment for senior and sales roles often include restrictive covenants governing a former employee's behaviour after employment has ended.

If a Company suspects that a former employee is acting in breach of those restrictive covenants, then the next step is for the Company to send a letter to remind them of their ongoing obligations. If the letter does not have the desired effect it may be necessary to take legal action.

This letter sets out details of the alleged breach and asks the ex-employee to give a written undertaking that they will not breach the restrictive covenants. The letter warns that legal action may be taken if this written undertaking is not received by a specified date.

Restrictive covenant enforcement

[Sender name]

[Sender address]

[date]

[Recipient name]

[Recipient address]

Dear [Recipient first name],

Restrictive Covenants

We refer to your employment with our Company which ended on [date]

As you are aware, even though you are no longer employed by the Company, you are still bound by the post-employment obligations and restrictions set out in clauses (number) of your contract of employment, a copy of which is attached for your information.

We now have reason to believe that you are in breach of these post-employment obligations and restrictions, due to your following actions: 

  • [Specify actions which you believe have led to one or more of the restrictive covenants being breached]

We would advise you that if you are in breach of your restrictive covenants, we can apply to court for an injunct

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