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Our Restrictive Covenant Enforcement Letter Template safeguards against violations, protecting business interests and maintaining contractual agreements.
If it is alleged that a former employee has breached a restrictive covenant, send this model letter to request them to provide written agremeent that they will cease.
[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:
We would advise you
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For more value, this is also found in our Full library and Confidentiality templates toolkit
A restrictive covenant is a contractual agreement between an employer and an employee that restricts the employee's ability to compete with the employer or solicit the employer's clients or employees after leaving the company.
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.
Use these best practice actions, recommended timescales and process stages to understand when and how the Restrictive covenant enforcement letter should be used, helping ensure each step is handled consistently and appropriately documented.
In general, to enforce a restrictive covenant, the employer must demonstrate that the covenant is reasonable in light of the employee's job duties and the legitimate business interests at stake, and that the employer has taken reasonable steps to protect those interests.
Equality Act 2010: Ensures that any restrictive covenants are not discriminatory and do not disproportionately impact protected groups.
Data Protection Act 2018: Ensures that any employee data used in the enforcement process is handled securely and in compliance with data protection regulations.
Common Law: The template should adhere to common law principles of reasonableness, fairness, and protecting legitimate business interests when enforcing restrictive covenants.
Employment Contracts: The letter template should align with the terms of the employment contract and any restrictive covenants mentioned therein.
To enforce a restrictive covenant, the employer must typically demonstrate that the covenant is reasonable in scope and duration, and is necessary to protect legitimate business interests such as confidential information, trade secrets, or customer relationships.
Yes. This template has been designed for organisations of all sizes, including small businesses, charities and growing employers. It follows UK employment law best practice and can be adapted to suit your organisation.
Our templates are developed with UK employment legislation, Acas guidance and HR best practice in mind and are reviewed and updated as relevant requirements change. However, every employment situation is different, so the template should be adapted to the circumstances and checked against the employee's contract and your organisation's procedures before use.
Yes, we highlight the areas of the document that you need to update with your own details, and where you need to make decisions to suit your situation. This saves you time and ensures that you meet best practice.
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable format (such as .doc or .xls) so you can customise them easily, and in PDF format for easy sharing.
If you're looking for broader support, we also offer toolkits and library bundles that include the Restrictive covenant enforcement letter template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
AI can produce a document quickly, but effective HR documentation needs to be more than well-written words. It needs to reflect relevant UK employment law, HR best practice, practical considerations and the circumstances in which it will be used. These resources have been professionally developed around that wider HR context, drawing on extensive practical experience, rather than simply generating a generic document from a prompt.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing confidentiality processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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