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This should be the easiest type of covenant to justify and, therefore, enforce foremployees with direct dealings with clients. It is drafted to restrict a former employeefrom “soliciting”; i.e. taking steps to bring in the business of, clients with whom they havedealt for a particular period. Covenants will also, on occasions, be drafted to coverprospective clients; i.e. business contacts who have not yet become clients.2. Non-Deal RestrictionThis prohibits “dealing”; i.e., doing any work for clients regardless of whether there wassolicitation. This is more difficult to justify than a non-solicitation restriction, but it is notunusual to find non-dealing restrictions which employers will seek to justify on the basisof the difficulty of policing non-solicitation restrictions.3. Non-Compete RestrictionThis seeks to preclude a departing employee from working with a competitor for aparticular period. Whilst more difficult to justify, UK courts will enforce a non-competerestriction in appropriate circumstances. Particularly where these restrictions arenecessary to protect non-client specific confidential/proprietary information as may bethe case for senior executives with particular knowledge of business strategy.4. Poaching RestrictionsA clause which seeks to preclude the departing employee from playing any part inrecruiting former colleagues. It is important that such a clause is not drafted to cover allcategories of employee, particularly in the case of large employers. Ideally, therefore,such a clause should be drafted to cover classes of employees who have had particular3082723.3

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