As one of Yorkshire’s leading property firms, Ison Harrison Solicitors Ltd works with most, if not all, of the major estate agents across the region. As such we know that it is common place for staff to move between different estate agency firms throughout their careers, often taking loyal customers with them.
This article explores the following –
1) Common strategies to ‘work around’ restrictive covenants;
2) How to help protect your business from losing customers when a staff member leaves to a competitor.
Common strategies to ‘work around’ restrictive covenants
The idea behind restrictive covenants is that they protect a business from losing income, yet most businesses rely on generic restrictive covenants that fall short of the mark. This is especially true for estate agents who typically rely on the following clause (or similar) -
‘You [the Employee] will not for 6 months following the Termination of your employment be involved in any Capacity with a competitor within a 5 mile radius of your normal place of work.’
Traditionally, this type of restrictive covenant was useful as estate agency offices were typically based near to the geographical area of house sellers (‘Housing Stock’) that they served, thus protecting the business from losing custom to a rival.
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