EIM03621 | Restrictive covenants: example 2: total or partial fulfilment of restrictive undertakings
From HM Revenue & Customs · Employment Income Manual
Section 225 ITEPA 2003
Example 2
An employee signed a termination agreement that contained the following restrictions:
The employee must not:
work for any of the named competitor companies (listed in a separate annex)
contact any customer or supplier of the employer
contact any former colleagues with a view to persuading them to work for a competitor company.
The restrictions applied for a period of 12 months following the date that the employee signed the termination agreement. Consideration was paid in two instalments on the basis set out below:
£15,000 on the last day of the month in which the employee signed the termination agreement and
£15,000 one year after that date. If the agreement were breached the second instalment would not be paid.
Payment 1 is received on 30 September 2023 and Payment 2 on 30 September 2024.