On Employment: restrictive covenants, mobile workers, and UK trends

In a market where top talent is in constant motion, a poorly drafted restrictive covenant is not just a legal risk. It is a commercial liability. As workforce mobility intensifies and employers face the prospect of departing employees taking clients, confidential data, and competitive intelligence to rivals, the case for robust business protection has never been stronger. 

Kate Pumfrey, partner in A&O Shearman's London office, shares her insight on how UK employers are deploying, applying, and enforcing restrictive covenants. The discussion covers best practice for selecting and drafting restrictions that hold up under judicial scrutiny, the legal position on paying for covenants, the specific approach for mobile workers and employee shareholders, and the litigation trends shaping how courts currently approach enforcement challenges. 

HR leaders and in-house counsel reviewing their existing protection framework will leave this episode with a practical checklist for auditing, strengthening, and future-proofing their approach to restrictive covenants. 

On Employment delivers timely insights and practical guidance on the fast-evolving world of employment law. Each episode explores key legal developments, workplace trends, and HR strategy challenges—from investigations and litigation risk to diversity, hybrid working, and regulatory change. Designed for business leaders, HR professionals, and in-house counsel, the series offers expert perspectives to help organizations navigate complexity and foster resilient, compliant workplaces.