Post-Employment Obligations

Certain obligations continue after the employment relationship ends. These should be clearly set out in the employment contract.

Continuing Confidentiality

Indefinite Obligations

Trade secret protection continues indefinitely:

"Your obligation to keep trade secrets confidential continues without limit of time after your employment ends."

Time-Limited Confidentiality

Other confidential information may have a time limit:

"Your confidentiality obligations in respect of other confidential information continue for [2-5 years] after termination."

What Continues to Be Confidential

Post-employment, you must not disclose:

• Trade secrets learned during employment
• Customer/supplier confidential information
• Business strategies and plans
• Technical information and know-how
• Information marked as confidential

What You Can Use

• General skills and knowledge acquired
• Information in the public domain
• Your own work history for CVs/interviews

Restrictive Covenants

Duration of Restrictions

Restrictions apply for their stated period:

"The following restrictions apply for [6/12] months from the Termination Date:

• Non-competition: You shall not work for a Competing Business
• Non-solicitation: You shall not solicit Customers
• Non-dealing: You shall not deal with Customers
• Non-poaching: You shall not solicit Employees"

Starting Point

Restrictions typically run from:

• Date employment ends (most common)
• End of garden leave period (if applicable)
• Date of notice (rarely)

Return of Property

Immediate Obligation

"On termination, you must immediately return all Company property including:

• Laptop, phone, tablet, and accessories
• Keys, passes, and access cards
• Credit cards and fuel cards
• Documents (physical and electronic copies)
• Company car and keys"

Data and Documents

"You must:

• Delete all Company data from personal devices
• Not retain copies of Company documents
• Return or destroy all confidential information
• Provide access credentials and passwords"

Confirmation

"You will be required to sign a declaration confirming return of all Company property and deletion of Company data."

Cooperation and Handover

Handover Obligations

"You agree to cooperate with reasonable handover requirements including:

• Providing information about ongoing projects
• Briefing colleagues or successors
• Documenting procedures and contacts
• Transferring knowledge of systems and processes"

Ongoing Cooperation

"For a period of [12] months after termination, you agree to provide reasonable cooperation regarding matters arising from your employment, including:

• Responding to queries about your work
• Providing information for legal proceedings
• Assisting with regulatory inquiries
• Attending meetings if reasonably required"

Compensation for Cooperation

"Where ongoing cooperation requires more than minimal time, the Company will compensate you at a reasonable rate to be agreed."

Legal Proceedings

Witness Obligations

"You agree to make yourself available as a witness in any legal proceedings relating to matters within your knowledge from your employment. The Company will reimburse reasonable expenses and compensate for time lost."

Document Preservation

"You must preserve any documents or records relating to legal proceedings or potential claims, even after leaving. You must not destroy evidence that may be relevant."

References

Former Employee's Obligations

Generally, you have no obligations regarding references. However:

"You agree to provide accurate information if asked to confirm details of your employment to prospective employers or for regulatory purposes."

Employer's Obligations

The employer may have agreed to provide references in specific terms, which continues as a contractual obligation.

Professional Regulations

Continuing Professional Duties

For regulated professionals:

"Your professional duties to [regulatory body] continue after employment. You must continue to comply with professional standards regarding matters from your employment."

Reporting Obligations

"If you become aware of matters requiring regulatory notification after leaving, you may need to report them even though no longer employed."

Intellectual Property

No Post-Employment Claim

"You acknowledge that you have no claim to intellectual property created during employment. You agree not to assert any rights to such IP after termination."

Assistance with Registration

"You agree to assist with IP registration and protection after termination, including signing necessary documents and providing information."

Enforcement

Breach Consequences

Breach of post-employment obligations may result in:

• Injunction preventing continued breach
• Damages for losses caused
• Account of profits made
• Legal costs

Employer Remedies

"In the event of breach of post-employment obligations, the Company reserves the right to seek injunctive relief, damages, and an account of profits, as well as recovery of legal costs."

Practical Considerations

For Employees

1. Know what obligations continue
2. Keep copies of your contract
3. Understand restrictive covenant scope
4. Return all property promptly
5. Don't take confidential information
6. Seek advice before potential breach

For Employers

1. Clear documentation of continuing obligations
2. Exit interview checklist
3. Property return confirmation
4. Reminder of ongoing restrictions
5. Monitoring for potential breach
6. Proportionate enforcement