In a profession where competition is forever growing, it is becoming increasingly common for veterinary nurse employment contracts to include detailed clauses and covenants designed to protect the employer’s business. While these terms may seem standard and unimportant at the point of accepting a new role, they can have serious and lasting implications if not completely understood. It is important that veterinary nurses read, understand and question where necessary before signing and employment has commenced.
Unfortunately, it is a common error that contractual terms are overlooked, especially when the enthusiasm for a new role is high, but they can have significant consequences later. It is only when a veterinary nurse looks to move jobs that the impact of the clause becomes clear. This can sometimes limit career progression, restrict employment opportunities, which in turn causes stress and financial uncertainty.
Restrictive Covenants may affect future career movements, potentially limiting where you can work within a specific period of time. The clauses are designed to prevent former vet nurses from competing with their previous employer, using sensitive information gained during employment and potentially influencing clients to also move with them.
The restrictive covenants within veterinary practices are usually intended to protect the business interests, client relationships, confidential information, and team stability. These must however be drafted to be lawful and enforceable within realistic limits and be balanced against an individual’s right to earn a living and progress professionally.
Non-Compete Covenants
Restricting vet nurses from working for a competitor in a similar role, for a specified time and within a certain distance after leaving your employment.
Non-Solicitation Covenants
Prevents former employees from actively approaching clients, customers or suppliers to transfer to the new practice.
Non-Dealing Covenants
These go further than non-solicitation, by preventing former employees from dealing with former clients and suppliers, even if the client initiates the contact.
Non-Poaching Covenants
This prevents a former employee from recruiting or encouraging colleagues to leave their practice. In smaller practices where staff retention is critical, these clauses are common and easier to justify.
When are restrictive Covenants Enforceable?
Restrictive covenants are not automatically enforceable. For a covenant to be upheld, the employer must show that it is reasonable and protects a legitimate business interest.
Duration of the restriction – As a rule restrictions lasting longer than 6-12months are difficult to justify and enforce.
Geographical / Distant restrictions – Wider limits are rarely enforceable, particularly for veterinary nurses who may need to find alternative employment locally.
Restricted activities – The covenant should only restrict activities that genuinely threaten the ex-employer’s business interests.
Protected information – Trade secrets or highly sensitive information may justify a broader protection than general client knowledge.
Senior Staff
The enforceability often depends on the employee’s role within the practice. More senior vet nurses, i.e. Head nurses and Clinical managers may have access to more sensitive information and a greater client influence. Therefore, restrictions placed on them may be more stringent and still considered reasonable.
Read and understand your contract.
Veterinary nurses should always read and understand employment contracts before signing. Paying close attention to post-termination and restrictive clauses. If there is anything that you do not understand or seems overly restrictive seek clarification. Consider obtaining independent advice if your covenant significantly limits future employment.
Restrictive covenants are a common feature of veterinary employment contracts but must strike a balance between protecting the practice and allowing employees to progress in their future careers. Understanding the purpose, types and limits of these restrictions helps to give clarity to veterinary nurses to make informed choices and avoid unexpected restrictions after leaving a role.
Being proactive, confident and developing understanding when reviewing employment contracts is essential.
Case Study
A vet nurse had been offered a new job with a practice in her local town, when she came to check her notice period on her contract she saw she had a:
Post-Termination Restriction The Employee shall not, without prior written consent of the Employer, either directly or indirectly for a period of 12months following terminations of employment for any reason, and within a radius of 10 miles of the practice, be engaged, concerned or interested in any business which provides veterinary services or competes with the business of the Employer. The vet nurse was unable to drive, so restricted on employment opportunities and was very concerned what would happen when she left, if there would be any legal implications. She desperately still wanted to work in the industry and further her veterinary nurse career. Unfortunately, no one can predict what the employer may do, she could have tried to have the open conversation on handing in her notice. However, in a court of law, it is likely to be seen as a strong clause for a vet nurse and could be challenged unless clearly justified. In such circumstances we would recommend you seek legal advice for further guidance.
For more detailed information or if you feel that you have been affected by or have any queries concerning any of the above, or if you have any other issues that you would like to discuss, you can contact BMAS by either email advisoryservice@bvna.co.uk or by phone (01822) 870270, quoting your BVNA number and we will be happy to assist you. This is a free service that forms part of your BVNA Membership.