Takeaways

• Correct Calculation of Statutory Time Limits
• Importance of Forward Calculation

Chapters

• 00:00 Introduction and Focus of the Webinar
• 08:20 The Correct Approach: Forward Calculation Method
• 15:29 Consequences of Incorrect Calculation and Strategic Considerations
• 26:07 Strategic Approach and Tabular Format for Calculation
• 32:04 Continuing Course of Conduct and Early Conciliation Certificate

What You’ll Learn in This Episode

1. What Restrictive Covenants Actually Are (Not What People Think)

• Purpose: protecting legitimate business interests
• Types: non-compete, non-solicitation, non-dealing, poaching, confidentiality
• Why “one-size-fits-all” contracts are the fastest route to unenforceability
• Why judges hate overly broad restrictions

2. The Legal Test for Enforceability

Chelsea breaks down — in human English — the two-step test:

• (1) Is the employer protecting a legitimate interest?
• Clients, staff stability, trade secrets, confidential info
• (2) Is the restriction reasonable in scope, geography, duration, and activity?
• And why “12 months for a receptionist” isn’t passing any test.

3. Common Myths Debunked

• “If I never signed it, I’m fine.” (Maybe. Maybe not.)
• “It’s in my contract so it must be enforceable.” (Bless you.)
• “HR said it’s standard.” (Doesn’t mean a Tribunal or Court will touch it.)
• “I can just work for a friend’s company — they can’t trace it.” (Ah, but they can.)
  

4. Why New Employers Get Dragged Into the Drama

• Tortious interference
• Knowing assistance in breach of covenant
• Why the new employer is often the one with money, making enforcement worthwhile
• Why employers write “courtesy letters” to the new employer — and the tactical power of doing it
• The reality: employers don’t sue the ex-employee if they can sue the business they joined
  

5. The Employee’s Perspective

• What you can do, what you shouldn’t do, and what will definitely get you sued
• How to leave a company without triggering a legal war
• Digital footprints that betray you (LinkedIn updates, emails to yourself, quiet deals with clients)
• Why leaving gracefully is a legal strategy, not a personality trait
  

6. The Employer’s Perspective

• Drafting covenants that actually stand up in court
• Why you need to evidence the legitimate business interest — not guess it
• When to send the “warning shot” letter
• Monitoring restrictive covenant breaches without breaching data laws
• The cost-benefit analysis of enforcement
  

7. Garden Leave vs Restrictive Covenants

• How garden leave protects employers better than half the covenants in circulation
• When garden leave is enforceable
• Why “payment in lieu” can completely change the enforceability maths
• How these interact with non-competes

8. Confidential Information (The Most Misunderstood Area)

• What counts as confidential information
• What doesn’t
• Why customer lists often aren’t confidential
• Copying vs memorising
• How forensic IT comes into play

9. Case Law Themes (Explained Without Boring You)

• What the courts consistently strike out
• What they consistently uphold
• Why clarity beats clever drafting
• Why seniority matters
• “The grace period” — the informal, unspoken