In light of recent news regarding Jeremy Clarkson’s future employment opportunities, we thought it was a more than appropriate time to consider restrictive covenants and their impact. It has emerged that Clarkson is not able to make or have a show similar to Top Gear on ITV until 2017 due to the terms in his previous employment contract with the BBC. He is prevented from doing this because the contract he signed contained a clause which restricts him from signing with a rival British broadcaster for a fixed amount of time after finishing work on Top Gear. Amazon and Netflix are the most popular bets for the home of Clarkson’s new show because though broadcasting in the UK, both on-demand streaming services are based in the USA meaning they are not covered by the clause.
We are often instructed by companies seeking to enforce post termination restrictions against an ex-employee who poses a threat to their business (the BBC as indicated above would be an example of one of them). To view the guidance we have put together on the essential considerations when drafting and seeking to enforce restrictive covenants, see our dedicated section here.
For advice on drafting or enforcing restrictive covenants contact us on firstname.lastname@example.org or call us on 0114 3032300.