Explore every episode of the podcast Hired and Fired - Employment Law Podcast

In this episode, Chelsea lifts the lid on restrictive covenants — the clauses employers love, employees fear, and most people completely misunderstand. From non-competes to non-solicitation and confidentiality, Chelsea explains what actually makes a covenant enforceable.

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

In this episode, Chelsea takes you on a clear, practical, and slightly sassy walk through the Employment Tribunal process — from the moment a workplace dispute arises, all the way to the final hearing. With insights from years at the Bar acting for both employers and employees, she breaks down what actually happens, what the Tribunal expects, and where people (and organisations) routinely go wrong.

If you’re HR, in-house, a solicitor, or acting in person — this is your handbook.

What You’ll Learn in This Episode

1. Early Stage: Before a Claim Even Exists

• Spotting workplace issues before they explode
• Why bad handling costs more than early intervention
• How ACAS Early Conciliation truly works (and what people misunderstand about it)
• Tactical considerations: settlement timing & evidential advantages

2. Issuing a Claim (ET1)

• What must go in an ET1 and why most are either too vague… or too emotional
• How time limits operate and which deadlines catch people out
• Multiple claims in one ET1 — helpful or dangerous?
  

3. Respondent’s Response (ET3)

• What a good ET3 actually looks like
• Common respondent mistakes:
• ‣ defending the allegation, not the legal claim
• ‣ admitting facts without realising they are admissions
• ‣ missing jurisdictional points
• Litigation strategy at ET3 stage: future-proofing the case
  

4. The Tribunal’s Case Management Powers

• Preliminary vs. Final Hearing — what’s the difference?
• Case Management Orders, why they matter, and what happens when you ignore them
• Strike-out, deposit orders, and why they’re not as scary as people think
• Directions: disclosure, witness statements, Scott Schedules, bundles

5. Disclosure

• What the Tribunal expects vs what parties actually do
• Digital disclosure pitfalls (Teams/WhatsApp/Slack messages)
• The “is it relevant?” test — explained simply
• Why neither side should ever “cherry pick”

6. Witness Statements

• How to structure them clearly
• The difference between narrative and evidence
• What the Tribunal hates in statements
• Why the best statements feel “boring but precise”

7. Bundles

• What to include
• Why organisation = credibility
• The technical rules no one reads (but should)
  

8. Preliminary Hearings (PHs)

• When the Tribunal lists them and why
• What judges tend to focus on
• Resolving:
• ‣ time limits
• ‣ disability status
• ‣ strike-out/abuse of process
• ‣ case management lists of issues
• How to prepare properly (most don’t)

9. Settlement Along the Way

• Commercial reality vs legal idealism
• Without prejudice meetings
• Judicial assessments
• Why some cases must settle and some should never settle
• Costs risk as a pressure tactic — when it works and when it backfires

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